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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Prasanna B. Varale, M.G.S. Kamal, JJ.
Narendra Babu G.V. S/O K.V. Venkateshappa And Ors. – Appellants
Versus
The State Of Karnataka Rep By Under Secretary Dept. Of Primary And Secondary Education and ors. – Respondents
Writ Appeal No.305, 300, 337, 482, 591, 886, 939 OF 2023 (GM-CC)
Decided On : 12-10-2023
The recruitment process for the post of Graduate Primary School Teachers is governed by the Karnataka Education Department Services (Department of Public Instruction) (Recruitment) Rules, 1967. The reservation of posts is in accordance with the Karnataka Scheduled Caste, Scheduled Tribes and other Backward Classes (Reservation of Appointments Etc.,) Act, 1990 and the Karnataka Scheduled Caste, Scheduled Tribes and other Backward Classes (Reservation of Appointments Etc.,) Rules, 1992. The Government orders dated 28.12.1983 and 12.12.1986 provide guidelines for the computation of family income for married women candidates.
Fact of the Case:
The writ petitioners, who had applied for the post of Graduate Primary School Teachers, were excluded from the provisional selection list due to issues with their caste and income certificates. The learned Single Judge allowed the writ petition and directed the authorities to consider the petitioners' applications based on the caste and income certificates of their parents. The State Government conducted a fresh selection process and published a final selection list. The present writ appeals were filed against the order of the learned Single Judge.
Finding of the Court:
The learned Single Judge held that the writ petition was maintainable, contrary to the orders of other Coordinate Benches. The Court also held that the caste and income of the husband of the female applicants should not be considered, and that the selecting authority did not have jurisdiction to interpret the caste certificate issued by the competent authority. The provisional selection list was quashed and further directions were issued to the authorities.
Ratio Decidendi: The writ petition was maintainable, and the caste and income of the husband should not be considered for the selection process. The selecting authority did not have jurisdiction to interpret the caste certificate. The provisional selection list was quashed and further directions were issued to the authorities.
Result: The writ appeals are partly allowed. The impugned order is set aside. The State Government is permitted to proceed with the appointment of teachers based on the final selection list, subject to the outcome of the challenge being made by the petitioners. The remaining posts may be filled from amongst the candidates who have been excluded on merit and the candidates who have submitted the required certificates.
JUDGMENT :
M.G.S. KAMAL J.
These writ appeals arise out of order dated 30.01.2023 passed in W.P.No.23752/2022(GM-CC) filed by private respondents/petitioners by which learned Single Judge of this Court while allowing the said writ petition has quashed the provisional selection list dated:18.11.2022 insofar it relates to the petitioners being brought under the General Merit category and has directed the petitioners to be treated as belonging to category to which they applied for, qua the caste and income certificates appended to the applications. Further liberty has been reserved to the State to regulate its procedure by continuing recruitment and taking it to its logical conclusion.
2. Facts leading up to filing of these writ appeals briefly stated are;
By notification dated 21.03.2022 issued district wise, applications were invited from the eligible candidates for recruitment to the post of Graduate Primary School Teachers from sixth standard to eight standard classes in the Government and Aided institutions. Competitive examinations were held on 21.05.2022 and 22.05.2022 and results were announced on 17.08.2022. A provisional list was published on 18.11.2022. Petitioners being aggrieved by exclusion of their names in the provisional list, filed the above writ petition seeking following reliefs;
(b) Issue a writ in the nature of mandamus or any other appropriate writ order or direction directing respondent No.3 to consider the case of the petitioner Nos.1 to 15 under category 2A, petitioner No.16 under category 2B, petitioner Nos.17 and 18 under category 3A and petitioner Nos. 19 to 21 under category 3B in the final selection list, taking note of the caste certificate issued by the Tahsildar without insisting on the income certificate from the husband of the petitioner (B to B20).
(c) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring that the action of the respondents herein changing the category of the petitioners from OBC to GM without intimation for the reason they and income certificate in the name of the husband of the petitioners without considering the caste and income certificates in the name of the father of the petitioners is highly arbitrary, illegal and without authority of law.
(d) Pass such other and further orders as may be necessary in the interest of justice.
3. It is the contention of the petitioners that they belong to OBC category having completed their B.Ed., and D.Ed., and being eligible had applied for the post of teachers in respective subjects under reservation category of OBC through online application and had also submitted necessary documents as sought for. That after accepting the applications the concerned DDPI had invited the petitioners to appear for written and descriptive examination wherein the petitioners secured good score and ranking and were thus qualified for 1:2 document verification. It is further contended that in the notification dated 21.03.2022 calling for recruitment for Graduate Primary School Teachers there was no specification provided with respect to production of income and caste certificate of the husband of the petitioners. That on verification of the documents furnished by the petitioners, for some of the petitioners OBC categories was changed to General Merit and for some of the petitioners documents were returned back with no intimation with regard to defect in documents or otherwise. That the concerned DDPI had rejected the caste cum income certificate of some of the candidates on the basis that though they were married, the certificates which they produced had been issued in the name of their father. That some of the candidates had approached this Court by filing the writ petition in W.P.No.22429/2022 and that this Court by order dated 15.
The High Court must not entertain recruitment disputes when a Tribunal has jurisdiction, emphasizing the principle of alternative remedy in administrative matters per the Administrative Tribunals Act....
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
Parity – When there is a declaration of law by court, Judgment can be treated as Judgment in rem and require equities to be balanced by treating those similarly situated, similarly.
“While operating category-wise reserve list” would be applicable only to posts falling vacant on account of non-joining of appointed candidates.
Candidates on a merit list do not have an indefeasible right to appointment if they fail to meet the prescribed cut-off marks, emphasizing the need for fair recruitment processes.
Appointments for Grade III Teachers must reflect accurate merit while adhering to court directives on recruitment processes, ensuring transparency and fairness in selections.
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