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M. NAGAPRASANNA
Hemanthkumar N. , S/o Nanyanaik – Appellant
Versus
State Of Karnataka Rep. By Its Chief Secretary, Vidhana Soudha Bengaluru – Respondent
ORDER :
The petitioner is before this Court calling in question non- consideration of his candidature under SC, SC/KMS, SC/RL category owing to his name not being figured in the provisional select list dated 25-11-2022 published by the 2nd respondent/ Karnataka Public Service Commission (‘the Commission’ for short) for the post of Junior Assistant/Second Division Assistant. The petitioner further seeks a direction by issuance of a writ in the nature of mandamus to correct the error of the petitioner which is depicted as him belonging to Scheduled Tribe to that of Scheduled Caste.
2. Brief facts that lead the petitioner to this court in the subject petition, as borne out from the pleadings, are as follows:-
Selected reserved category candidate qualifying written exam and producing valid category certificate at document verification cannot be denied appointment for expired certificate at application cut-....
Denial of Scheduled Caste status based on caste certificate format is unconstitutional under Article 14, violating rights protected by Section 73 of the Bihar Reorganization Act, 2000.
The judgment established the principle that a person's OBC status is by birth and not by acquisition at a later stage, and certificates are an affirmation of existing status. It emphasized the import....
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
The terms and conditions of the advertisement cannot be altered, and the mandatory nature of the instructions issued by the Commission must be strictly adhered to.
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