JUDGMENT/ORDER

G.NARENDAR J., J. - Heard the learned Additional Advocate General along with High court Government Pleader for the petitioners, Sri Udaya Holla, learned Senior counsel for respondent No.1 and Sri Reuben Jacob, learned Senior counsel for respondent No.2 - KPSC.

2. The petitioners are the State of Karnataka by its Chief Secretary and the Secretary, Department of Personnel and Administrative Reforms and the Department of Finance by its Additional Chief Secretary.

3. The petitioners are before this Court being aggrieved by the order passed by the Tribunal in Application No.1277/2021 dtd. 18/8/2021. A copy of which is marked as Annexure A. By the impugned order the bench of the Tribunal was pleased to allow the application by holding that the applicant-respondent who belongs to the 3-A category was entitled to the post that fell vacant on account of one Shanthagouda G Gunaki not reporting to the post and was further pleased to direct the respondents to select and appoint the applicant to the post of Assistant Commissioner of Commercial Taxes, (Group-A), the post which remained vacant on account of one Sri Shanthagouda G Gunaki who also belongs to the 3-A category not reporting to duty despite his name having found place in the select list pursuant to the recruitment notification dtd. 12/5/2017 and to confer all consequential benefits on the applicant - respondent herein in accordance with law.

4. The case in a nutshell is that the petitioners had issued a notification inviting application for the post of gazetted probationers in group A and group B under the recruitment notification dtd. 12/5/2017. The applicant-respondent underwent the process of selection and had claimed reservation under 3-A category. But on account of one Shanthagouda G Gunaki securing higher merit in the 3-A category the applicantrespondent was selected and appointed in a group B post under the GM category as a Commercial Tax Officer. That the said Shanthagouda G Gunaki having secured 1130.75 marks was selected under the 3A category. It is not in dispute that in the order of merit the respondent stands 5th having secured 1103.25 marks. That pursuant to the said select list dtd. 10/1/2020 certain candidates failed to report to duty nor joined service in the department in which they had been appointed on account of which vacancies arose. That the selected candidate namely Shanthagouda G Gunaki who was selected as Assistant Commissioner of Commercial Taxes under the 3-A category did not complete the due process of due verification and sindhutva. Hence no appointment orders came to be issued. The names of the appointed candidates was notified in the list published on 21/5/2020 and 9/6/2020 and the name of the said Shanthagouda G Gunaki does not find a place in either of the lists. That subsequently the applicant learnt that the said candidate has been selected and appointed as an Assistant Director of Food and Civil Supplies in the 2014 gazetted probationers batch and by notification dtd. 6/3/2021 he has also been promoted as Deputy Director, Food and Civil Supplies. It is pertinent to note that the said candidate was successful in his attempt in both 2014 gazetted probationers examinations and the 2015 gazetted probationers examination and it appears that he has opted to continue in the appointment pursuant to his selection under the 2014 batch.

5. The case of the applicant is that on account of the vacancy which arose on account of the non filling up of the post due to the said Shanthagouda G Gunaki not completing the verification process. The applicant-respondent claimed that he is entitled to the said post on account of the fact that he has also claimed reservation under the 3-A category. In view of the same the applicant-respondent submitted representations to the second petitioner i.e., the DPAR as per Annexure A11 and similar representations were also made to the third petitioner and the Commission. That one of the basis for the representation