IN THE HIGH COURT OF KARNATAKA AT BENGALURU
N.K. Patil and G. Narendra, JJ.
Employees State Insurance Corporation and Ors. - Appellants
Vs.
Gowramma T. and Ors. - Respondents
Writ Petition No. 40792 of 2013 (S-CAT)
Decided On : 22.01.2015
G. Narendra, J.
1. The above writ petition is preferred impugning the order of the Hon'ble Karnataka Administrative Tribunal, Bangalore dated 17.7.2013 rendered in O.A. No. 530/2011. The first respondent herein had preferred the application impugning the order terminating her services with the petitioners by order dated 20.10.2011.
2. The petitioners had issued an advertisement dated 24.12.2007 calling for applications for the post of Staff Nurse in the hospital run by the petitioners, viz. ESI Corporation Model Hospital at Rajajinagar. In response to the advertisement the first respondent herein had submitted her application enclosing all necessary documents as stipulated in the advertisement and as per the instruction to candidates contained in the application form. The application was submitted on 22.2.2008. Along with the application the first respondent enclosed certain certificates including the certificate issued by the Directorate of Medical Education, Government of Karnataka certifying that the first respondent has completed the prescribed diploma course in General Nursing and Midwifery and another certificate issued by the Karnataka State Nursing Council endorsing the fact that the first respondent is registered as a life member of the council.
3. The first respondent has also enclosed the statement of marks, CC certificate, date of birth certificate, caste certificate certifying that she belongs to the category III B group, domicile certificate, provisional certificate and a character certificate. The caste certificate is issued in Form-F by the Competent Authority, the Tahsildar of the Taluk. The caste certificate issued by the Competent Authority describes the name, caste of the applicant and grouping under which the caste is categorized by the State. That apart the first respondent while submitting her application at Col. No. 8 has clearly sated that she belongs to III B category. Thus it is apparent that the first respondent has, while submitting her application, clearly stated that she belongs to Lingayath caste which is categorized as III B group. It is also pertinent to state that the caste certificate which is issued in Form-F under Rule 3A(2)(3) certifies a note that Smt. T. Gowramma, first respondent herein is a resident of Chitradurga and neither her mother/father/guardian/husband do not come under the creamy layer as per G.O. No. SWD. 225 BCA 2000 dt. 30.3.2002. It also certifies that none of the above said persons hold or have served in B group post of the Government order in any equivalent post in any public sector undertaking. It also certifies that they are not in employment in any private, public sector earning salary equivalent to Group B. It also certifies that annual total income of the above said persons is not more than Rs. 2,00,000/- and thereafter the competent authority has certified that Kumari T. Gowramma, the first respondent herein, belongs to Lingayath caste coming under category III B Group as per G.O. stated supra. The certificate is dated 16.2.2008.
4. On receipt of the application the petitioners-authorities have scrutinized the same and having found nothing amiss and having found the application to be in order, issued an admit card to enable the first respondent to take up the written examination held on 31.8.2008. A reading of the admit card does not any where state that the first respondent is being permitted to take the exam under reserved category. The first respondent has meritoriously completed the exam. Thereupon the petitioners have published the list of candidates who have successfully passed the exams and has invited the eligible candidates for the interview to be held on 15.12.2008. The said list of eligible candidates has been issued on 24.11.2008. The said list also no way reveals under which category or group of reservation are the candidates invited for interview. The notification dated 24.11.2008 promulgating the names of the eligible candidates states that an in
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