NARENDRA BABU G V vs THE STATE OF KARNATAKA - 2023 Supreme(Online)(Kar) 31046

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

M.G.S.KAMAL J., DELIVERED THE FOLLOWING:

JUDGMENT

30.01.2023 passed in W.P.No.23752/2022(GM-CC) filed by

private respondents/petitioners by which learned Single

Judge of this Court while allowing the said writ petition has

quashed the provisional selection list dated:18.11.2022

insofar it relates to the petitioners being brought under the

General Merit category and has directed the petitioners to

be treated as belonging to category to which they applied

for, qua the caste and income certificates appended to the

applications. Further liberty has been reserved to the

State to regulate its procedure by continuing recruitment

and taking it to its logical conclusion.

2. Facts leading up to filing of these writ appeals

briefly stated are;

By notification dated 21.03.2022 issued district

wise, applications were invited from the eligible candidates

for recruitment to the post of Graduate Primary School

Teachers from sixth standard to eight standard classes in

the Government and Aided institutions. Competitive

examinations were held on 21.05.2022 and 22.05.2022

and results were announced on 17.08.2022. A provisional

list was published on 18.11.2022. Petitioners being

aggrieved by exclusion of their names in the provisional

list, filed the above writ petition seeking following reliefs;

(a) Issue a writ in the nature of certiorari or any

other appropriate writ order or direction quashing the

provisional

18.11.2022

respondent No.3-(Annexure -A to A18).

(b) Issue a writ in the nature of mandamus or

any other appropriate writ order or direction directing

respondent No.3 to consider the case of the petitioner

Nos.1 to 15 under category 2A, petitioner No.16 under

category 2B, petitioner Nos.17 and 18 under category

3A and petitioner Nos. 19 to 21 under category 3B in

the final selection list, taking note of the caste

certificate issued by the Tahsildar without insisting on

the income certificate from the husband of the

petitioner (B to B20).

(c) Issue a writ in the nature of mandamus or any

other appropriate writ, order or direction declaring

that the action of the respondents herein changing the

category of the petitioners from OBC to GM without

intimation for the reason they and income certificate in

the name of the husband of the petitioners without

considering the caste and income certificates in the

name of the father of the petitioners is highly

arbitrary, illegal and without authority of law.

(d) Pass such other and further orders as may be

necessary in the interest of justice.

It is the contention of the petitioners that they

belong to OBC category having completed their B.Ed., and

D.Ed., and being eligible had applied for the post of

teachers in respective subjects under reservation category

of OBC through online application and had also submitted

necessary documents as sought for. That after accepting

the applications the concerned DDPI had invited the

examination wherein the petitioners secured good score

and ranking and were thus qualified for 1:2 document

verification. It is further contended that in the notification

dated 21.03.2022 calling for recruitment for Graduate

Primary School Teachers there was no specification

provided with respect to production of income and caste

certificate of the husband of the petitioners. That on

verification of the documents furnished by the petitioners,

for some of the petitioners OBC categories was changed to

General Merit and for some of the petitioners documents

were returned back with no intimation with regard to

defect in documents or otherwise. That the concerned

DDPI had rejected the caste cum income certificate of

some of the candidates on the basis that though they were

married, the certificates which they produced had been

issued in the name of their father. That some of the

candidates had approached this Court by filing t