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2023 Supreme(Online)(Kar) 33591
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MARCH, 2023 PRESENT THE HON'BLE MR JUSTICE G.NARENDAR AND THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR WRIT PETITION NO. 10575 OF 2021 (S-KSAT)
C/W WRIT PETITION NO. 17163 OF 2021 (S-KSAT)
IN W.P.NO.10575/2021 IN APPLICATION NO: 5773-5786/2020 BETWEEN:
1. HARSHA N AGED ABOUT 35 YEARS Digitally S/O NARASIMHA MURTHY Y K signed by R/O DOOR NO.496 YAMUNA K L
6TH CROSS, VIDYAMANYANAGARA, L ocation:
High Court of ANDHRAHALLI, BANGALORE - 560 091 K arnataka
2. SURESH N AGED ABOUT 33 YEARS S/O SATHYANARAYANA N R/O NEAR DURGAGUDIKASBE CAMP KALLUR POST, RAICHUR - 584 118
3. MAHESH PATIL AGED ABOUT 35 YEARS S/O SB PATIL R/O L-96, 5TH CROSS, BASVESHVARANAGARA 3RD STAGE, KIRLOSKAR COLONY BANGALORE – 560079.
4. PRASANNA KUMAR R AGED ABOUT 31 YEARS S/O RANGAIAH T, R/O SLR NILAYA VIJAYANAGAR EXTENSION HULIYANE POST, C N HALLI (TQ)
TUMKURU DISTRICT - 572 218
5. KRISHNAMURTHY V AGED ABOUT 34 YEARS S/O V IYYAPPA R/O SRI MARKHANDEYA KRUPA BEHIND MUNICIPAL PARK GANDHINAGAR CHALLAKERE - 577 522 CHITRADURGA.
6. PRASHANTH PATIL AGED ABOUT 30 YEARS S/O KRISHNA GOWDA PATIL R/O KRISHNA MEDICALS LOKAPUR, MUDHOL TALUKA BAGALKOT DISTRICT. - 587 122.
7. REVANASIDDAPPA AGED ABOUT 47 YEARS S/O ANNEPPA R/O HUDGI TALUKA HUMNABAD BIDAR DISTRICT - 585 329 IN APPLICATION NO: 6495/2020
8. SRI SHIRSHAILAPPA MALGI AGED ABOUT 31 YEARS S/O CHANDRASHEKARAPPA MALAGI, R/A NO.151/B, AGOLI POST, GANGAVATHI TALUK, KOPPAL - 583 235.
IN APPLICATION NO: 6922 TO 6928/2020
9. SRI DUSHYANTH H S AGED ABOUT 35 YEARS R/AT 463/A, ASHRAYA, BEHIND DENTAL COLLEGE, M S ROAD, VIDYANAGARA HASSAN, HASSAN - 573 201.
10. SRI NAVEEN KUMAR B AGED ABOUT 35 YEARS R/A M BASAVANAPURA MALAVALLI TALUK, MANDYA DISTRICT-571430.
11. SRI VIJAYAKUMAR AGED ABOUT 34 YEARS S/O VISHWANATH SHETTY Y, R/A NO.547, BANADAKERI, 26TH WARD, NEAR RAMALINGA TEMPLE, HOSPET, BELLARI - 583 201.
12. SRI SIDDRAMAPPA PATIL AGED ABOUT 33 YEARS S/O CHANNANNA GOWDA R/A HOUSING NO.1-11-55, RDOC BANK BUILDING, ATM CIRCLE, NIJALINGAPPA COLONY, RAICHUR – 584101.
13. SRI BADARINATH BEVINAKATTI AGED ABOUT 33 YEARS R/A NO.80 NAVALI PLOTS, PRIYADARSHINI PLOTS GOKUL ROAD, HUBBALLI, DHARWAD - 580 030.
14. SRI SANJEEVAKUMAR DATTATREYA BIJAPUR AGED ABOUT 32 YEARS S/O DATTATREY S. BIJAPUR R/AT SUREBAN, BELGAUM KARNATAKA - 580 030.
IN APPLICATION NO: 6990/2020
15. SRI M D MAHEBOOB PATHAN AGED ABOUT 32 YEARS, S/O MOHAMMED USMAN PATHAN R/A BIJAPUR ROAD, HOUSING BOARD COLONY, BASAVESHWAR NAGAR, JEWARGI (TQ), KALABURGI DISTRICT - 585 310 IN APPLICATION NO: 856/2021
16. SRI SUNIL KUMAR K AGED ABOUT 38 YEARS S/O KOTRESH K R/AT NO.08, 1ST MAIN, 16TH CROSS, MALAGAL MAIN ROAD NAGARABHAVI 2ND STAGE, BANGALORE URBAN BANGALORE - 560 091.
IN APPLICATION NO: 6516/2021 17. SRI SHANKARAPPA JANIWARAD S/O SRI YASHVANTHAPPA JANIWARD AGED ABOUT 40 YEARS RESIDING AT NEAR CANARA BANK SHIGLI POST, SHIRAHATTI TALUK, GADAG DISTRICT - 582 210 …PETITIONERS (BY SRI. ADITYA SONDHI, SR. COUNSEL FOR SRI. SHAHNAWAZ M.MAHADAPUR, ADV.)
AND:
1. THE KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA DEVARAJ URS ROAD NEAR VIDHANA SOUDHA BENGALURU - 560 001 REPTD. BY ITS SECRETARY.
2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF HEALTH AND FAMILY WELFARE VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
3. THE CONTROLLER FOR THE STATE OF KARNATAKA, DEPARTMENT OF DRUGS CONTROL, PALACE ROAD, BENGALURU - 560 001.
4. KIRAN KUMAR M AGED ABOUT 37 YEARS S/O MANJANNA P C/O RAVIKUMR MEDICAL STORES, RAMOHALLI, KENGERI HOBLI, BANGALORE-560074
5. SHASHIDHAR RANJANAGI AGED ABOUT 31 YEARS S/O I.S.RANJANAGI GOULI GALLI, GAJENDRAGAD GADAG-582114
6. SANJAYA KUMAR D.S AGED ABOUT 36 YEARS S/O SHYAMASUNDAR D N DASALAKUNTE, KORATAGERE TALUK TUMKUR DISTRICT-572138
7. NISSARA AHAMMED AGED ABOUT 40 YEARS S/O FAIROZ SAB #7, BURHANI HOUSE CPV BLOCK, A CROSS, GANGA NAGAR RT NAGAR, BANGALORE-560032.
8. OMPRAKASH N.P AGED ABOUT 34 YEARS S/O N.P VAMADEVA NO.36, OLD NO.272, LAKSHMAMMA NILAYA
2ND FLOOR, TRIPLICANE MAIN ROAD, MILK COLONY, MALLESHWARAM WEST BENGALURU NORTH-560055.
9. BASAVARAJA CHANDRASHEKARA DODDAMANI AGED ABOUT 39 YEARS S/O CHANDRASHEKARA DODDAMANI PLOT NO.193, KIADB; 2ND STAGE RAYAPUR, DHARWAD-580009
10. PRAMOD PATIL AGED ABOUT 35 YEARS S/O SHIVAJI PATIL, BEDKIHALI POST CHIKKODI POST, BELAGAVI-591214
11. GANESH NAZARE AGED ABOUT 33 YEARS S/O SANJAY NAZARE H NO.31523 BUDHAWAR BAZAR PETH BORGOAN POST, CHIKODI TALUK, BELAGAVI-591216.
12. SRINIVAS MURTHY H AGED ABOUT 34 YEARS S/O HANUMANTHAPPA H, GANGA NILAYA, CHENNANAYAKANAPALYA NAGASANDRA POST, TUMKUR ROAD, BENGALURU-560073.
13. KIRANKUMAR NAVDAE AGED ABOUT 31 YEARS S/O KRISHNAMURTHY NAVADE SRI RENUKA NILAYA, 6TH WARD BANJAR COLONY SRIRAMNAGAR, GANGAVATHI TALUK, KOPPAL-583282.
14. NEETA V GYANAPPANAVAR AGED ABOUT 30 YEARS D/O VENKATESH GYANAPPANAVAR KURUBRA ONI, ALWANDI AT POST ALWANDI KOPPAL-583226.
15. UMASHANKAR.C.
AGED ABOUT 39 YEARS S/O CHIKKANNA NO.134, L.I.G, 9TH CROSS
2ND STAGE KENGERI SATELLITE TOWN BANGALORE – 560060.
16. SHIVAKUMAR AGED ABOUT 33 YEARS S/O NINGANNA KALYANI POST SIRNOOR, KALABURGI-585308
17. RAKESH AGED ABOUT 37 YEARS S/O VAIJINATH MODI H.NO. 11-1-81, MANGALPETH BIDAR-585401. 18. PRAKASH L AGED ABOUT 37 YEARS S/O LINGAPPA R NO.49, RUDRESHWARA NILAYA NAGAVARARAPALYA C V RAMAN NAGAR BANGALORE-560093.
19. RAMYA V AGED ABOUT 31 YEARS W/O MANOJ B
176/3, 1ST MAIN ROAD, JAKKASANDRA, BANGALORE-560034
20. NAGARAJA G AGED ABOUT 42 YEARS S/O GIRIYAPPA H.NO.Db-72, 1st floor P.W.D QUARTERS KHB MAIN ROAD KAVAL BYRASANDRA R.T.NAGAR, BENGALURU-560032.
21. VRASHABHA MAGADUM AGED ABOUT 38 YEARS S/O AJIT SAGAR NIWAS, MGADUM FARM HOUSE SHEDBAL UGAR BUDRUK POST ATHANI TALUK BELAGAVI-591316
22. VINODKUMAR CHAVAN AGED ABOUT 33 YEARS S/O LAXMAN #839, VISHNAVI NILAY
1ST FLOOR, 7TH MAIN, 3RD CROSS, JP NAGAR 2ND PHASE BANGALORE-560078 23. DIMPLE PIRGAL, AGED ABOUT 38 YEARS D/O SAMPAT RAJ #5 P.V.N LANE, 2ND CROSS, THIGALARPET, BENGALURU-560002.
24. KRISHNA PATIL AGED ABOUT 31 YEARS S/O MARUTIGOUDA PATIL H.N.944, UMARANI POST, CHIKODI TALUK, BELAGAVI-591222.
25. RADHIKA KANDOORI AGED ABOUT 42 YEARS D/O K BALAKRISHNA SRI SAPTHGIRI MEDICALS #44, 5TH MAIN, 8TH CROSS, SAMPANGIRAMANAGAR BANGALORE-560027.
26. SARALA T.S AGED ABOUT 29 YEARS D/O SRINIVAS THADRURU SHIDLAGHATTA TALUK CHIKKABALLAPUR-562102.
27. SHWETA G HOSUR AGED ABOUT 29 YEARS D/O G.B.HOSUR SONNA POST, BILGI TALUK BAGALKOT-587116.
28. KUSHAL Y HUKKERI AGED ABOUT 31 YEARS S/O Y.P.HUKKERI H.NO.185, PRASHANT NAGAR, BEHIND RNS FACTORY OLDHUBLI, HUBLI-580024.
29. POORNIMA C AGED ABOUT 39 YEARS D/O M.CHIKKAPPAIAH #8, F1 SRIPADANILAYA
20TH MAIN, JC NAGAR, KURUBARAHALLI MAHALAXMIPURAM BENGALURU-560086.
30. CHETAN SEETHARAM HAREKAL AGED ABOUT 37 YEARS S/O SEETHARAM N HAREKALA DOOR NO. 1-161/1-E ADARSH NAGAR, BAJAL POST, MANGALORE-575007.
31. S VENKATESHA AGED ABOUT 38 YEARS S/O N.SHIVANNA PLOT NO.193 KIADB INDUSTRIAL AREA
2ND STAGE, RAYAPURA HUBLI-580009.
32. TEJAWINI C AGED ABOUT 36 YEARS D/O CHIKKANARASAPPA S.D.NO.52, FIRST FLOOR, DEVASANDRA MAIN ROAD K.R.PURAM, BENGALURU-560036.
33. RAGHU R AGED ABOUT 36 YEARS, S/O RAMAPPA H T #139/1, G.C.R. EXTENSION VIDYA NAGAR HOSADURGA CHITRADURGA-577527.
34. RAVIKUMAR MUDHOL AGED ABOUT 28 YEARS, S/O BASAVARAJ MUDHOL @2130, SUDI CROSS JAGGALAR ONI RON, RON POST, GADAG-582209.
35. NIRAMALA V AGED ABOUT 40 YEARS D/O VENKATARAMANAPPA NO.112, 1ST MAIN ROAD RAMAKRISHNA BLOCK THYAGARAJA NAGAR BANGALORE-560028.
36. CHANNABASAVARAJA AGED ABOUT 39 YEARS S/O AMARAPPA BASAPUR POST, KAVITHAL MANVI TALUK, RAICHUR-584120.
37. PATTARI LOTHITHA AGED ABOUT 39 YEARS S/O P.AJJAPPA HALUVAGALU HARAPANAHALLI TALUK BALLARI-583213.
38. MANJUTHEJ T.R.
AGED ABOUT 35 YEARS S/O RAMACHANDRA T.
#91/181, THIGALA CHOUDADENAHALLI DOMMASANDRA POST ANEKAL TALUK BANGALORE-562125.
39. PREMA M.K AGED ABOUT 39 YEARS D/O KRISHNA M.K.
#18, 1ST CROSS, 1ST MAIN C.KC. GARDEN SUBBAIAH CIRCLE, BENGALURU-560027
40. VEERESH AGED ABOUT 36 YEARS S/O BHIMANNA H.NO.8-11-180/261 VIDYA NAGAR RAICHUR-584103.
41. KRISHNA JADHAV AGED ABOUT 36 YEARS S/O LATE UMALAPPA JADHAV RAGHAVENDRA COLONY, II STAGE, II CROSS BALLARI-583101.
42. IMRAN AGED ABOUT 29 YEARS S/O MAQBUL PASHA, 4/106 GUMPA ROAD, NEW KEB COLONY BIDAR-585403.
43. ABILASH AGED ABOUT 34 YEARS S/O SAHRANAPPA MURTHY PLOT NO.45, PRAGATI COLONY, SEDAM ROAD, KALABURGI-585105.
44. G NARESH AGED ABOUT 33 YEARS S/O G.N.RANGAPPA NO.151, CBLOCK, ROYAL ENFIELD SERVICE CENTRE ROAD RAGHAVENDRA COLONY
2ND STAGE, BALLARI-583101.
45. VITTHAL SANGANAL AGED ABOUT 40 YEARS S/O NINGAPPA NO.193, KIADB INDUSTRIAL AREA, 2ND STAGE RAYAPUR HUBLI DHARWAD-580009.
46. J.M. MANJULA AGED ABOUT 45 YEARS W/O. M.SURYAPRAKASH H.NO.81, SREENAGAR MAIN TALUR ROAD BALLARI-583103.
47. PRAGATHI N.A AGED ABOUT 29 YEARS D/O APPAJIGOWDA NELAMAKANA HALLI MALAVALLI, MANDYA-571430.
48. MADHUSUDAN AGED ABOUT 37 YEARS S/O H.SHESHAGIRI DENA BANK COLONY KUMARESHAWAR NAGAR DHARWAD-580008
49. BHAVYA KUMARI L.G AGED ABOUT 36 YEARS D/O K.LOKESH RAGHAVENDRA COLONY
2ND STAGE, 3RD CROSS VENKATESHAWARA NAGAR BALLARI-583101.
50. G.MARUTHI AGED ABOUT 35 YEARS S/O H.GOVINDAIAH #13, 1ST ‘A’ CROSS, BYRAPPA LAYOUT NAGASHETTY HALLI RMV 2ND STAGE SANJAYANAGAR POST BANGALORE-560094.
51. MAMATHA M AGED ABOUT 38 YEARS D/O MARIGOWDA M NO.15/20, 25TH MAIN RAGHAVENDRA BLOCK, SRINAGAR BENGALURU-560050.
52. DAWOOD ULLA BAIG AGED ABOUT 35 YEARS, S/O NOOR ULLA BAIG NO.314, POST OFFICE ROAD SOLUR MAGADI TALUK, RAMANAGARA-562127.
53. SAROJADDIN AGED ABOUT 34 YEARS S/O YAKUB SAB RAGHAVENDRA COLONY, 2ND STAGE, BALLARI-583101.
54. PATIL SHIVARAMAN AGED ABOUT 34 YEARS S/O Y.S.PATIL PLOT NO.193, KIADB, 2ND STAGE, RAYAPUR, DHARWAD-580009.
55. MANJUNATHA AGED ABOUT 37 YEARS, S/O. KALAKAPPA GANJI I.B.GARDEN SIRWAR, RAICHUR-584129.
56. BASAVARAJ PUJAR AGED ABOUT 44 YEARS S/O BULLAPPA TAVARAGONDI POST, HARAPANAHALLI TALUK, DAVANAGERE-583213.
57. MANJUNATH AGED ABOUT 30 YEARS S/O PRABHURAO H NO 5-11-377 JYOTI COLONY.
K.E.B ROAD BIDAR-585401.
58. GOUSE BASHA B AGED ABOUT 37 YEARS S/O MAHABOOB BASHA B
24TH WARD, MASJID STREET MEHABOOB NAGAR JAMBUNATH ROAD, HOSPET, BALLARI-583201.
59. NANU RATHOD AGED ABOUT 48 YEARS S/O ROOPSING RATHOD PLOT NO.13, WARD NO.16 BESIDE TARANATH AYURVEDIC HOSPITAL, ANANTAPUR ROAD, BALLARI-583101.
…RESPONDENTS (BY SRI. REUBEN JACOB, SR. COUNSEL FOR SRI. PAWAN KUMAR M.N, ADV. FOR R-1, SRI. DHYAN CHINNAPPA, ADDL. ADVOCATE GENERAL A/W SMT. SHILPA S.GOGI, HCGP FOR R-2, SRI. UDAYA HOLLA, SR. COUNSEL FOR SRI. M.S.RAJENDRA, ADV. FOR R-4 TO 58, SMT. ARUNA P.CHAVAN, ADV. FOR R-59, R-3 IS SERVED AND UNREPREENTED.)
(VIDE COURT ORDER DATED.01.12.2021, CAUSE TITLE AMENDED.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND SET ASIDE THE IMPUGNED ORDER PASSED BY THE HON’BLE KARNATAKA ADMINISTRATIVE TRIBUNAL, PRINICIPAL BENCH AT BENGALURU IN APPLICATION NOS. 5773-5786/2020, 6990/2020, 692-6928/2020, 6516/2020, 856/2021, 6495/2020 DATED 12/05/2021 (ANNEXURE-J) AND CONSEQUENTLY ALLOW THE SAID APPLICATION NOS. 5773-5786/2020, 6990/2020, 6922-6928/2020, 6516/2020, 856/2021, 6495/2020 AS PRAYED FOR RESPECTIVELY BY THE PETITIONERS HEREIN BEFORE THE HON’BLE TRIBUNAL.
IN W.P.NO.17163/2021 BETWEEN:
MAHESH N S S/O SATYANARAYAN N S AGED ABOUT 35 YEARS, R/AT NO. 4298, 1ST MAIN, SUBRAMANYA NAGAR, BENGALURU - 560 096.
…PETITIONER (BY SRI. SANDESH J.CHOUTA, SR. COUNSEL FOR SRIYUTHS. RAGHU H AND SHAKEER ABBAS M, ADVOCATES.)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY, MINISTRY OF HEALTH AND FAMILY WELFARE, VIDHANA SOUDHA DR. AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. KARNATAKA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, UDHYOGA SOUDHA, PALACE ROAD, BENGALURU - 560 001.
…RESPONDENTS (BY SRI. DHYAN CHINNAPPA, ADDL. ADVOCATE GENERAL A/W SMT. SHILPA S.GOGI, HCGP FOR R-1, SRI. REUBEN JACOB, SR. COUNSEL FOR SRI. PAWAN KUMAR M.N, ADV. FOR R-2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER DATED 24.08.2021 IN APPLICATION NO. 6560/2019 PASSED BY THE HON’BLE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BENGALURU, PRODUCED HERETO AS ANNEXURE – B ETC. THESE PETITIONS, COMING ON FOR FURTHER HEARING, THIS DAY, G.NARENDAR J., MADE THE FOLLOWING:
ORDER
Heard the learned Senior counsel Sri Aditya Sondhi for the petitioners in W.P.No.10575/2021 and the learned Senior counsel Sri Sandesh Chouta for the petitioners in W.P. No.17163/2021 and the learned Senior counsel Sri Reuben Jacob for respondent No.1, learned AAG Sri Dhyan Chinnappa along with Smt. Shilpa S Gogi, learned HCGP for respondent No.2 and Sri Udaya Holla, learned senior counsel for respondent Nos.4 to 58 and Smt. Aruna P Chavan, learned counsel for respondent No.59.
2. As both writ petitions are canvassed on common grounds of fact and law, both petitions are taken up for consideration by this common order.
3. The petitioners are before this Court being aggrieved by the order passed by the KSAT, Bengaluru whereby the Hon’ble Tribunal was pleased to reject the applications preferred by the petitioners (who were the applicants) by its order dated 12.05.2021.
4. The bare facts necessary to dispose off the litigation, are that the first respondent issued a notification bearing No.PS C 1 RTB/2/2017 dated 23.03.2018, thereby inviting applications from eligible candidates for the post of Drug Inspector in the third respondent department. The notification came to be issued under the KPSC Rules, 2006, 2013, 2015. A copy of which is produced as Annexure A1. Under the said notification the eligibility criteria for the prospective candidates was fixed as follows:
(a) must be holder of B.Pharma degree in Pharmacy;
(b) must have put in a service of not less than eighteen months of experience in the manufacturing and or testing of Schedule C and/or C1 drugs included in the Drugs and Cosmetics Rules, 1945.
And it is the second criteria which has turned contentious.
5. That the process of selection of candidates commenced and resulted in completion with publication of a list of candidates who were to be interviewed and the said list was published on 07.11.2019 (Annexure A3). While so, a week thereafter an entirely new list came to be published on the website of the first respondent commission i.e., on 12.11.2020, whereby the original list of eligible candidates published on 07.11.2019 came to be substituted and the same was done by altering the selection procedure and is alleged to have been carried out in a prejudicial manner.
6. It is the case of the petitioners that the process of receiving applications started on 26.03.2018 with the last date for submission being 24.04.2018. That subsequently an addendum came to be issued on 24.04.2018 and last date was extended to 24.05.2018 and the examination dates were scheduled on 13.12.2018 and 16.12.2018 and all the petitioners herein had cleared the examination conducted on the dates noted supra.
7. That pursuant to the publication of the results of the written examination, a merit list of the candidates came to be published and the candidates therein were notified of being eligible to participate in the interview/viva-voce. That pursuant to the same, a list of candidates eligible for being interviewed was also drawn up and were also called for document verification and the list of candidates so invited for interview and document verification is produced as Annexure-A4. Subsequent to the process of document verification the petitioners were issued letters inviting them for interview on various dates i.e., 21.11.2019, 22.11.2019, 25.11.2019, 26.11.2019 and 27.11.2019. A compilation of the letters inviting them for interview is produced as A5 to A18. That out of the total list of candidates, whose names were put up on 22.11.2019, a fair number of the candidates were interviewed and the remaining of the candidates were issued endorsements reading as under:
“your interview has been postponed and you will be informed after documents verification”
A copy of which is produced as Annexure A19 to A21. Some of the candidates were also intimated by e-mails.
8. That while so, to the shock and surprise of the petitioners, a new list of candidates or the “altered list” came to be published on 12.11.2020. Ag
