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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
Devanand Puttappa Nayak – Appellant
Versus
State Of Karnataka Represented By Principal Secretary Revenue Department – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to selection process (Para 1 , 2 , 3 , 4) |
| 2. state's objection to maintainability of the petition (Para 5 , 6 , 8) |
| 3. argument for fair and transparent selection process (Para 7) |
| 4. examination of statutory qualifications for members (Para 9 , 10) |
| 5. requirement of prescribing selection criteria (Para 11 , 12) |
| 6. court's emphasis on transparency in appointments (Para 13 , 14) |
| 7. supreme court's definitions of judicial appointments (Para 15 , 16) |
| 8. judiciary's independence in appointments (Para 17 , 18 , 19) |
| 9. executive influence in judicial appointments challenged (Para 20 , 21 , 22) |
| 10. order to frame guidelines for appointments (Para 23 , 24 , 25) |
| 11. summary of court's final order (Para 26 , 27) |
ORDER :
ASHOK S. KINAGI, J.
1. The petitioner filed this writ petition seeking following prayer:
"To issue a writ of mandamus or such other appropriate writ/s directing the respondents to frame appropriate regulations or guidelines for the selection and appointment to the posts of Chairperson, Judicial Member And Revenue Member of the Karnataka Land Grabbing Prohibition Special Courts, Bengaluru."
2. The brief facts leading rise to filing of this writ petitio
The absence of a defined selection process for judicial appointments undermines fairness and violates constitutional rights to equality and transparency in public employment.
(1) Appointments cannot be made over and above clear and anticipated vacancies which have been advertised even though Public Service Commission may have prepared a longer merit list than it was requi....
The main legal point established is that the reservation policy does not apply to the appointment of Law Officers by the government, as their appointment is not a civil post and the relationship betw....
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