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2022 Supreme(Kar) 135

G. NARENDAR, SHIVASHANKAR AMARANNAVAR
Mahiboob Sab, S/o Moula Sab – Appellant
Versus
State Of Karnataka Rep. By Its Principal Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI S.M.CHANDRASHEKAR, FOR SRI M.B.CHANDRACHOODA, ADV.)
For the Respondent: SRI SUBRAMANYA R, AAG FOR SRI. VENKATSATHYANARAYAN.A, SRI. D.R.RAVISHANKAR, SRI. VIJAY KUMAR V.B, ADV

ORDER :

Heard the learned Senior counsel Sri S M Chandrashekar along with learned counsel for the petitioner. Learned AAG Sri Subramanya along with learned HCGP Sri Venkatasatyanarayana A for respondent No.1 and learned Senior counsel Sri D R Ravishankar along with learned counsel Sri V B Vijayakumar for respondent No.2.

2. The petitioner who was discharging duties as Director of the Directorate of Minorities, Minority Welfare Department was transferred out of the post by impugned order dated 23.07.2021 and aggrieved he approached the Tribunal. The Tribunal after a detailed hearing has been pleased to negate the challenge on the short ground that he does not possess the eligibility stipulated under the C and R (Cadre and Recruitment) Rules of the minority department i.e. the Karnataka Minorities Welfare Services (Cadre and Recruitment) Rules, 2010 published on 15.03.2011 (hereinafter referred to as the 2011 Rules for the sake of brevity). That the petitioner being in the cadre of Deputy Secretary was ineligible to be appointed as the Director of the Minorities Department, as the C and R Rules stipulates that the director can only be from among the cadre of Karnataka Administrate Serv

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