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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Venkatesh S/o Hanumanth Hudedamani – Appellant
Versus
State of Karnataka – Respondent
| Table of Content |
|---|
| 1. seeking reliefs against recruitment rules. (Para 1 , 2) |
| 2. challenge based on eligibility criteria. (Para 3 , 4) |
| 3. petitioners' participation questioned. (Para 5 , 6) |
| 4. co-ordinate bench's ruling on acquiescence. (Para 7) |
| 5. court's review of facts and arguments. (Para 8 , 9) |
| 6. final conclusion regarding petition dismissal. (Para 10 , 11 , 12) |
| 7. clarifications in qualification rules. (Para 13) |
ORDER :
1. The petitioners in both these petitions are before this Court seeking the following reliefs:
In Writ Petition No.147267/2020:
“a) Issue a writ of Certiorari or any other appropriate writ or order or direction quashing the Çadre and Recruitment Rules Of KREIS Rules 2011 vide ANNEXURE-F;
b) Issue a writ of Certiorari or any other appropriate writ or order direction quashing the final selection list Published by KPSC Udyoga Souda Bengaluru – 01/ Respondent No.2 bearing No. R (2) 712/2020-21/psc dated 9/6/2020 produced at ANNEXURE-H violation as of Article 14, 16, and 21 of the Constitution of India and, also as opposed to NCTE regulations;
c) Issue a writ, direction or order including the writ of mandamus, directing the respondents No. 1 to 4 to consider the case of the pe
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
The main legal point established is that the selection process must adhere to the criteria specified in the notification, and any deviation without issuing a corrigendum is impermissible.
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.
The court emphasized the principle of estoppel and upheld the change in policy regarding eligibility criteria and the prerogative of the selection committee to declare the cut off mark in the CBT for....
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