A candidate in a recruitment process does not acquire an enforceable right to be appointed to a vacancy arising from the non-reporting of a selected candidate unless specifically provided for by statutory rules.

Digitally signed by NANJUNDACHARI

Location: HIGH COURT OF KARNATAKA

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 20/11/2025 PASSED IN APPLICATION NO.4390/2024 (ANNEXURE-A) AND B) ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING IMPUGNED ORDER DATED 20/11/2025 PASSED IN APPLICATION NO.4390/2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, AT BENGALURU VIDE ANNEXURE-A AND ETC.

THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 21.04.2026 COMING ON THIS DAY, S.G.PANDIT J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE S.G.PANDIT

AND

HON'BLE MR. JUSTICE K. V. ARAVIND

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

Unsuccessful applicant before the Karnataka State Administrative Tribunal at Bengaluru (for short, ‘the Tribunal’) is before this Court questioning order dated 20.11.2025 in Application No.4390/2024 whereunder the petitioner’s prayer to quash endorsement dated 02.07.2024 rejecting his request to consider his candidature for the post of Tahsildar Grade-II instead of Assistant Registrar of Co-operative Societies, is rejected.

The petitioner, in pursuance to KPSC notification dated 12.05.2017 calling applications from the eligible candidates to fill up 423 Gazetted Probationers (Group-A and B) posts, applied claiming reservation under Category-3A and Rural Category. The petitioner qualified in the Gazetted Probationers preliminary examination by scoring 201 out of 400 marks. Having qualified in the Gazetted Probationers preliminary examination 2017, he was invited to apply for the Gazetted Probationers main examination 2017. The petitioner qualified in the said main examination with 1048.25 marks including the marks in the personality test. In the application, the petitioner had given his first preference to the post of Deputy Superintendent of Police, fifth preference to the post of Tahsildar Grade-II and tenth preference to the post of Assistant Registrar of Co-operative Societies. The petitioner herein was selected to the post of Assistant Registrar of Co-operative Societies (Group-B) in terms of notification dated 10.01.2020. The Registrar of Co-operative Societies by notification dated 30.05.2020 notified the appointment of the petitioner to the post of Assistant Registrar of Co-operative Societies and in pursuance to the said notification, he reported to duty on 01.06.2020. On reporting to duty, the petitioner is said to have made an application under the Right to Information Act, 2005 to the Selecting and Appointing Authority and obtained information that one Srinivasa.K.R., and Chandrashekar Shambanna Gali have not reported to duty to the post of Tahsildar and Deputy Superintendent of Police respectively. Based on the said information, the petitioner is said to have submitted representation to consider his candidature for the vacant post of Tahsildar or to the post of Deputy Superintendent of Police in place of Srinivasa.K.R., and Chandrashekar Shambanna Gali, respectively.

As the representation of the petitioner was not considered for considerable time, the petitioner approached the Tribunal in Application No.59/2021 and the said application was disposed of on 20.02.2023 directing the respondents to consider the representation and to pass appropriate order. In the said application, in the objection statement filed by the respondent-State, it was specifically contended that the vacancies that are not filled by selected candidates shall be treated as fresh vacancies and have to be filled in the next upcoming recruitment. Further, it was contended that there is no provision in the Rules to consider the next candidate.

In pursuance to the direction of the Tribunal, the respondents considered the representation of the petitioner and issued endorsement dated 01.04.2023 statin