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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17^TH DAY OF NOVEMBER, 2021

PRESENT

THE HON9BLE MRS.JUSTICE S.SUJATHA

AND

THE HON9BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

WRIT PETITION No.4645/2021 (S 3 KSAT)

BETWEEN:

THE KARNATAKA PUBLIC

SERVICE COMMISSION,

UDYOGA SOUDHA,

BANGALORE-560 001.

REP. BY ITS SECRETARY

...PETITIONER

(BY SRI REUBEN JACOB, ADVOCATE THROUGH V/C)

AND:

1.

MR. GOWRISHANKAR T.S.

S/O SAMPATHU,

AGED ABOUT 35 YEARS,

R/AT <KOTE MUNESWARA KRUPA=

2^ND CROSS, NANDINI LAYOUT,

MALLASANDRA POST,

TUMKUR-572 107.

2.

THE STATE OF KARNATAKA,

TRANSPORT DEPARTMENT,

M.S. BUILDING,

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AMBEDKAR VEEDHI,

BENGALURU-560 001.

REPRESENTED BY ITS

PRINCIPAL SECRETARY.

&RESPONDENTS

(BY SRI M.S.BHAGWAT, ADVOCATE FOR C/R1

SRI B.RAJENCRA PRASAD, HCGP FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1)

ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH

THE FINAL ORDER DATED 12/02/2020 IN APPLICATION

NO.5702/2019 PASSED BY THE KARNATAKA STATE

ADMINISTRATIVE

TRIBUNAL

AT

BENGALURU

VIDE

ANNEXURE-A AND CONSEQUENTLY TO DISMISS THE

APPLICATION NO.5702/2019 FILED BY THE RESPONDENT

NO.1 AND ETC.,

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING,

THIS

DAY,

S.SUJATHA,J.,

MADE

THE

FOLLOWING:

O R D E R

The petitioner has challenged the order dated

12.02.2020 passed in Application No.5702/2019 by the

Karnataka State Administrative Tribunal, Bengaluru,

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(<Tribunal= for short), whereby the application filed by

the private respondent No.1 has been allowed rejecting

the list of candidates for the post of Motor Vehicle

Inspectors-2016 at Annexure-A8, insofar as the private

respondent is concerned. Further the petitioner has

been directed to obtain report from the concerned

Regional Transport Officer with regard to Driving

Licence of, transport and non-transport vehicles of the

applicant/private respondent herein.

2.

It has been made clear by the Tribunal that,

if the private respondent No.1 possess requisite Driving

Licence with regard to transport and non-transport

vehicles, the petitioner shall consider the candidature of

respondent No.1 for the post of Inspector of Motor

Vehicles along with other eligible candidates.

3

The primary ground of challenge herein is

that the Driving Licence for transport vehicles (TRANS

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and PSVBUS) of respondent No.1 indisputably was valid

from 10.03.2016 to 09.03.2019 and Driving Licenee for

LMV was valid from 03.06.2004 to 02.06.2024. Having

considered all these aspects, the Tribunal proceeded to

set aside the list of rejection of candidate/respondent

No.1 sans considering the last date prescribed in the

recruitment

notification

for

submitting

of

the

application i.e., 04.03.2016.

4.

Learned counsel for the petitioner has

elaborately argued on this point and would contend that

the crucial aspect of the matter having been ignored by

the Tribunal, the matter calls for interference by this

Court.

5.

Per contra, learned counsel for respondent

No.1 has filed a memo along with the Notification issued

by the petitioner dated 04.03.2016, wherein the last

date for submitting the application for the post of Motor

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Vehicle Inspector has been extended from 04.03.2016 to

18.03.2016 and the time is extended from 05.03.2016

to 19.03.2016 insofar as the payment of application fee

is concerned.

6.

Adverting to the arguments advanced by the

learned counsel for the parties as aforesaid and in view

of the order passed by the Tribunal directing the

petitioner to obtain fresh report from the concerned RTO

with regard to the Driving Licence of transport and non-

transport vehicles possessed by the private respondent

No.1, we are not inclined to interfere with the order

impugned. It is made clear by the Tribunal itself that, if

respondent No.1 possess requisite driving licence as per

the

conditions

prescribed

in

the