IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 08^TH DAY OF JULY, 2022

PRESENT

THE HON'BLE MR. JUSTICE G.NARENDAR

AND

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO.577/2022 (S-KSAT)

BETWEEN:

1.

THE STATE OF KARNATAKA ,

REP. BY ITS CHIEF SECRETARY

TO GOVERNMENT,

VIDHANA SOUDHA,

DR. AMBEDKAR VEEDHI,

BENGALURU 3 560001.

2.

THE STATE OF KARNATAKA,

REP. BY ITS SECRETARY,

DEPARTMENT OF PERSONNEL AND

ADMINISTRATIVE REFORMS,

VIDHANA SOUDHA,

BENGALURU3560001.

3.

THE STATE OF KARNATAKA,

REP. BY ITS ADDITIONAL

CHIEF SECRETARY,

FINANCE DEPARTMENT,

BENGALURU 3 560001.

... PETITIONERS

(BY SMT. SHILPA S.GOGI, HCGP.)

AND:

1.

SRI NAGENDRA G.K.,

R

2

S/O. T KONAPPA REDDY,

AGED: 32 YEARS,

COMMERCIAL TAX OFFICER,

O/O. COMMISSIONER OF

COMMERCIAL TAXES,

GANDHI NAGAR, BENGALURU-560001,

R/AT NO.18, DUO RESIDENCY,

NEAR M.M. TOWERS,

JAKKUR PLANTATION,

BELLARY ROAD,

BENGALURU3560004.

2.

THE KARNATAKA PUBLIC

SERVICE COMMISSON,

REP. BY ITS SECRETARY,

UDYOGA SOUDHA,

BENGALURU3560001.

... RESPONDENTS

(BY SRI UDAY HOLLA, SENIOR ADVOCATE FOR

SRI H.B.MAHESH, ADV. FOR R1,

SRI REUBEN JACOB, SENIOR ADVOCATE FOR

SRI M.N.PAVAN KUMAR, ADV. FOR R2.)

****

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR

RECORDS PERTAINING TO DETERMINATION OF ANNEXURE-A

AND APPLICATION NO 1277/2021 AND ORDER DATED 18.8.2021

PASSED BY THE HON9BLE TRIBUNAL AND PURSUE THE SAME

AND SET ASIDE THE SAME AND PERVERSE AND ARBITRARY AND

CANNOT BE CONSIDERED UNDER LAW AND ISSUE A WRIT OF

CERTIORARI OR ANY OTHER APPROPRIATE WRIT ORDER OF

DIRECTION TO QUASH THE ORDER DATED 18.08.2021 PASSED

BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL VIDE

ANNEXURE-A AT BENGALURU IN APPLICATION NO 1277/2021

VIDE ANNEXURE-A.

THIS WRIT PETITION COMING ON FOR <DICTATING

JUDGMENT= THIS DAY, G.NARENDAR J, MADE THE FOLLOWING:

3

ORDER

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 3

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

dated 18.08.2021. 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

4

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 dated 12.05.2017 and to confer all

consequential benefits on the applicant 3 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

dated

12.05.2017.

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 applicant-

respondent was