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2024 Supreme(Online)(KAR) 9932

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7719 OF 2018 (S-RES)

BETWEEN:

SRI. MOHAN KUMARA, S/O SRI. SIDDALINGAIAH, AGED ABOUT 24 YEARS, R/O BHUVANESHWARI NILAYA, 1ST B LINK ROAD, MARUTHINAGAR, TUMKUR, TUMKUR DISTRICT - 572 101.

…PETITIONER (BY SRI. N. SURESHA, ADVOCATE)

AND:

THE EXECUTIVE DIRECTOR, BENGALURU URBAN, BENGALURU RURAL AND RAMANAGARA DISTRICT CO-OPERATIVE Digitally signed MILK PRODUCERS SOCIETIES UNION LTD., by SUCHITRA M J DR M.H. MARI GOWDA ROAD, Location: HIGH COURT OF DHARMARAM COLLEGE POST, KARNATAKA BENGALURU - 560 029.

…RESPONDENT (BY SRI. B.L. SANJEEV, ADVOCATE)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO DECLARE THE ELIGIBILITY OF THE PETITIONER FOR INTERVIEW FOR THE POST OF TECHNICAL OFFICER (MECHANICAL) IN THE BENGALURU URBAN, BENGALURU RURAL AND RAMANAGARA DIST. CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD. (BAMUL) AND ETC., THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

Petitioner Advocates:N SURESHA ,Respondent Advocate:

ORDER

The captioned petition is filed seeking following reliefs:

a) Issue writ or order or direction in the nature of Mandamus directing the Respondent to declare the eigibility of the Petitioner for Interview for the post of Technical Officer (Mechanical) in the Bengaluru Urban, Bengluru Rural and Ramanagara Dist. Co-operative Milk Producers Societies Union Ltd. (BAMUL);

b) Issue direction to the Respondent to issue interview letter to the Petitioner since he is eligible for the post of Technical Officer (Mechanical) and has got all the requisite educational qualifications as required under the Notification dated 07.07.2017 issued by the Respondent bearing no.

BAMUL/Adalitha/NeraNemakathi/70/2017-18 as per Annexure-A;

c) Issue Direction to the Respondent to comply with the Representation submitted by the Petitioner dated 01/01/2018 as per Annexure-

Q;

d) Grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the circumstances of the case including an order as to costs in the interest of justice and equity.

2. The respondent-Society invited online applications from the eligible candidates to fill up the 250 vacant posts in various cadres vide notification dated 07.07.2017. Out of which, 10 posts were notified for technical officer engineering. Out of which 5 posts were notified for mechanical engineering, further, the reservation for the above technical officers (engineering mechanical) is as follows:

This respondent invited on-line applications from the eligible candidates to fill up 250 vacant posts in various cadres, vide notification dated 07/07/2017 and on-line applications were invited. Out of which 10 posts are notified for Technical Officer (Engineering), from which 5 posts are notified for Mechanical Engineering. Further, the reservation for the above said 5 Technical Officers (Engineering-

Mechanical) was as follows:

1) SC - Kannada Medium : 1

2) 2A - Ex-serviceman : 1 3) Gen. Female : 1 4) Gen. PH : 1 5) General : 1

3. The petitioner, who claimed to be a BE in mechanical engineering and claimed that he belongs to the Schedule caste and studied Kannada medium up to SSLC, submitted an application for the post of technical officer (mechanical). On receipt of the application, respondent issued an admission ticket to the petitioner. The petitioner attended the written examination and secured 92 marks. The petitioner's grievance is that, though he has secured 92 marks and he belongs to the schedule caste, respondent did not issue an interview letter to the petitioner, though he was found to be meritorious and he is eligible to face an interview. Feeling aggrieved by the action of the respondent in not inviting for interview, the captioned petition is filed, seeking mandamus to direct the respondent to declare the eligibility of the petitioner for interview for the post of technical officer (mechanical).

4. To counter the petitioner's claim, the respondent-society has filed statement of objection. The respondent-society, countering the claim of the petitioner, contended that the petitioner submitted his application for the post of technical officer and claimed reservation under Kannada medium. Having taken the written test, the petitioner did not upload valid documents to substantiate that he is entitled to Kannada medium reservation for scheduled caste candidates. The respondent-society claimed that the online service provided rejected the reservation claim of the petitioner for Kannada medium quota and in absence of documents, the respondent- society treated the petitioner under the general quota. Having noticed that the petitioner secured 92 marks in the written test, while the cutoff for the general quota was 102 marks, admittedly the petitioner, being not eligible, was not called for an interview. In the statement of objections at paragraph No.7, respondent-society has submitted that the recruitment process is complete and selected candidates have been appointed. At paragraph No.7, it is specifically stat

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