Karnataka High Court
Komarigouda S/O Pothalingana Gouda vs The State Of Karnataka on 9 July, 2024
Author: M.G.S. Kamal
Bench: M.G.S. Kamal
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WP No. 101721 of 2024
C/W WP No. 105549 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO.101721 OF 2024(S-PRO)
C/W
WRIT PETITION NO.105549 OF 2022
IN WP.NO.101721/2024:
BETWEEN:
1. KOMARIGOUDA S/O. POTHALINGANA GOUDA,
OCC: CLERK CUM DATA ENTRY OPERATOR,
TALURU GRAM PANCHAYAT,
AGE: 34 YERS, R/O: TALURU,
TQ: SIRUGUPPA, DIST: BALLARI - 583 103.
2. VIJAY S/O. HARIJAN ADEPPA,
AGE: 34 YEARS,
OCC: CLERK CUM DATA ENTRY OPERATOR,
BEERAHALLI GRAM PANCHAYAT,
R/O: BEERAHALLI,TQ:SIRUGUPPA,
DIST: BALLARI - 583 103.
Digitally
3. SHRI DADAASAHEB S/O. SILRASAB D.,
signed by V N
BADIGER
AGE: 39 YEARS, OCC: CLERK,
Location: High CUM DATA ENTRY OPERATOR,
Court of
Karnataka KALLINGERI GRAM PANCHYAT,
R/O: KALLINGERI, SANDUR TALUK,
DIST: BALLARI - 583 128.
...PETITIONER
(BY SRI VENKATESH M. KHARVI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY ADDL. CHIEF SECRETARY,
RURAL DEVELOPMENT AND PANCHAYAT RAJA
DEPARTMENT, MULTI STORY BUILDING,
BANGALORE, KARNATAKA - 560 001.
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2. THE COMMISSIONER,
KARNATAKA PANCHAYAT RAJ COMMISSIONARATE,
MULTI STORY BUILDING BANGALORE,
KARNATAKA, 560 001.
3. CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT, BALLARI - 560 001.
4. RECRUITMENT AUTHORITY AND
DEPUTY SECRETARY ZILLA PANCHAYAT,
BALLARI - 583 102.
5. RENUKA,
OCCUPATION: CLERK-CUM-DATA ENTRY OPERATOR,
AGE: 47 YEARS, R/O: GRAM PANCHAYAT NO.10,
MUDDAPUR, TALUK: KAMPLI,
DIST: BALLARI - 583 102.
6. T.VENKATESH S/O. PATAPPA,
OCC: CLERK-CUM-ACCOUNTANT,
AGE: 37 YEARS, R/O: GRAM PANCHAYAT ANTAPUR,
TALUK: SONDUR, DISTRICT: BALLARI - 583 115.
7. ERRAMMA S.
OCC: CLERK-CUM-DATA ENTRY OPERATOR,
AGE: 36 YEARS,
R/O: GRAM PANCHAYAT, HAMPADEVANAHALLI,
TALUK: KAMPLI, DISTRICT: BALLARI - 583 119.
8. SHRI M. SURESH S/O. SHANMUKAPPA,
AGE:40 YEARS,
OCC: CLERK - CUM - ACCOUNTANT,
R/O: GRAM PANCHAYAT TARANAGAR,
TQ: SONDUR, DIST: BALLARI - 583 119.
9. ANVARBASHA S/O. E FUKRUDDIN,
OCCUPATION:CLERK-CUM-ACCOUNTANT,
AGE:44 YEARS,
R/O:GRAM PANCHAYAT KOLAGALLU,
TALUK: SONDUR DISTRICT: BALLARI - 583 102.
10. SURYANARAYANA K. S/O. MUKKANNA K.,
OCCUPATION:CLERK-CUM-ACCOUNTANT,
AGE:37 YEARS,
R/O: GRAM PANCHAYAT KAREKALLU,
TALUK: & DISTRICT: BALLARI - 583 111.
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11. M. JAMBANNA S/O. LINGAPPA,
OCCUPATION:CLERK-CUM-ACCOUNTANT,
AGE: 51 YEARS,
R/O: GRAM PANCHAYAT SHRIDHARGADDE,
TALUK: & DISTRICT: BALLARI - 583 103.
12. SHAANTHAVEERAMMA W/O. SHIVAKUMAR,
OCC: CLERK-CUM-DATA ENTRY OPERATOR,
AGE:36 YEARS,
R/O: GRAM PANCHAYAT NO-10 MUDDAPURA,
TALUK: KAMPLI, DISTRICT: BALLARI - 583 103.
13. SOMASHEKHARA GANADAVAR
FATHER NAME: GANADAVARA SHARANAPPA,
OCCUPATION: CLERK-CUM-DATA ENTRY OPERATOR,
AGE: 39 YEARS. R/O: GRAM PANCHAYAT,
BOMMAGATTA, TALUK: SANDUR,
DISTRICT: BALLARI - 583 128.
14. VIJAY KUMAR H., FATHER NAME: UMAKANTHA REDDI,
OCCUPATION: CLERK-CUM-DATA ENTRY OPERATOR,
AGE: 38 YEARS, R/O: GRAM PANCHAYAT VANENUR,
TALUK AND DISTRICT: BALLARI - 583 119.
15. KUMARAI RASHMI FATHER NAME: KUMARAPPA,
OCCUPATION: CLERK-CUM-DATA ENTRY OPERATOR,
AGE: 39 YEARS. R/O GRAM PANCHAYAT,
KRISHNA NAGARA, TALUK: SANDUR,
DISTRICT: BALLARI - 583 119.
16. S. DOODA AYYANNA S.,
OCC: CLERK-CUM-DATA ENTRY OPERATOR,
AGE: 39 YEARS, R/O: GRAM PANCHAYAT BAIRAPURA,
TALUK: SIRUGUPPA, DISTRICT: BALLARI - 583 119.
17. RAYAPURA GULAPPA S/O. RAYAPARGOLAPPA,
OCC: CLERK-CUM-ACCOUNTANT, AGE: 39 YEARS,
R/O: GRAM PANCHAYAT M GONAL,
TALUK & DISTRICT: BALLARI - 583 111.
18. GOWSIYA P W/OP PEERASAB,
OCC: CLERK-CUM-DATA ENTRY OPERATOR,
AGE: 35 YEARS, R/O: GRAM PANCHAYAT
SUGGENAHALLI, TQ: KAMPLI,
DISTRICT: BALLARI - 583 129.
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19. KOTRAYYA CHANNAMALLAKKALA S/O. RUDRAYYA C.M,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 42 YEARS, R/O GRAM PANCHAYAT HALAKUNDI,
TALUK & DISTRICT: BALLARI - 583 102.
20. ASHIF DAVLA S/O. MAHABUBSAB,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 41 YEARS, R/O GRAM PANCHAYAT M GONAL,
TALUK DISTRICT: BALLARI - 583 117.
21. M. SIDDALINGAPPA S/O. SIDAPPA,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 38 YEARS,
R/O: GRAM PANCHAYAT SANGANAKALLU,
TQ & DIST: BALLARI - 583 103.
22. THIMMANNA S/O. SHIVANNA,
OCC: CLERK-CUM-DATA ENTRY OPERATOR,
AGE: 47 YEARS, R/O: GRAM PANCHAYAT,
TALUK & DISTRICT: BALLARI - 583 103.
23. MANJUNATHA K S/O. K BHARMAPPA,
OCCUPATION: CLERK-CUM-DATA ENTRY OPERATOR,
AGE: 39 YEARS, R/O: GRAM PANCHAYAT NIDAGURTI,
TQ: SANDUR DIST: BALLARI - 583 124.
24. M KHAJAVALI S/O. SANNA RAMJAN SAB,
OCCUPATION: CLERK-CUM-DATA ENTRY OPERATOR,
AGE: 38 YEARS, R/O GRAM PANCHAYAT DESHANUR,
TQ: SIRUGUPPA, DIST: BALLARI - 583 121.
25. S K ROOPA W/O. KATTEGOWDA,
OCC: CLERK-CUM-DATA ENTRY OPERATOR,
AGE: 39YEARS, R/O: GRAM PANCHAYAT SIRIVARA,
TALUK & DISTRICT: BALLARI - 583 121.
...RESPONDENT
(BY SRI P.N.HATTI, HCGP FOR R1 & R2;
SRI V.SHIVARAJ HIREMATH, ADVOCATE FOR R3 & R4;
SRI RAMACHANDRA A. MALI & PRASHANTH MATHAPATI, ADVOCATES
FOR R6, R9, R10, R17 & R19;
R8, R13, R16 & R24 ARE SERVED;
R5, R11, R12, R14, R15, R18, R20,
R21, R23 & R25 ARE INTEM DELIVERED & SERVED;
R7 IS REFUSED; R21 & R22 ARE ADDRESS LEFT)
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C/W WP No. 105549 of 2022
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO, A WRIT OF CERTIORARI
QUASHING THE ORDER PASSED BY RESPONDENT NO.4/DEPUTY
SECRETARY, ZILLA PANCHAYAT, BELLARY DATED 16/02/2024
NO.VIDE G: PAM BA/C3/GRA PAM/CLERK/DEO. J.PATTIENDA/
GRADE-II, SDAA/40/2022-23 VIDE ANNEXURE-A IN THE INTEREST
OF JUSTICE AND EQUITY AND ETC.,
IN WP.NO.105549/2022:
BETWEEN:
1. VIJAYA FATHER NAME HARIJANA ADEPPA,
OCCUPATION: CLERK CUM DATA ENTRY
OPERATOR GRAM PANCHAYAT BERAHALLI,
AGE: 34 YEARS,
OFFICE/ADDRESS G. P. BEERAHALLI,
SRIGUPPA TALUK,
DISTRICT: BALLARI - 583 216.
EMAIL.sgp.vijayaatgmail.com
MOB 8105533729.
2. G. PAMPAPATHI
FATHER NAME: G. HANMANTAPPA,
OCCUPATION: CLERK CUM DATA ENTRY
OPERATOR GRAM PANCHAYAT HACHCHOLLI,
AGE: 36 YEARS,
OFFICE/ADDRESS G.P. HACHCHOLLI,
SRIGUPPA, DISTRICT: BALLARI - 583 114,
EMAIL: [email protected].,
MOB: 9108533944.
3. FHAYAZ K., FATHER NAME: NAZIRSAB
AGE: 33,
OCCUPATION: CLERK CUM DATA ENTRY OPERATOR
GRAM PANCHAYAT SIRIGERI,
OFFICE/ADDRESS G.P. SIRIGERI,
TQ: SRIGUPPA, DISTRICT: BALLARI - 583 120,
EMAIL: [email protected].
MOB:9164737878.
4. KOMARI GOUDA H.,
FATHER NAME: POTHALINGANA GOUDA,
OCCUPATION: CLERK CUM DATA ENTRY
OPERATOR GRAM PANCHAYAT TALURU.
AGE: 33 YEARS,
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OFFICE/ADDRESS G.P. TALURU,
SRIGUPPA TALUK,
DISTRICT: BALLARI - 583 103.
EMAIL: [email protected].
MOB:8722774765.
5. M. SURESH, FATHER NAME: M. CHANDRA GOUDA,
AGE: 39, OCCUPATION: CLERK CUM DATA ENTRY
OPERATOR GRAM PANCHAYAT H. HOSAHALLI.
OFFICE/ADDRESS G.P. H. HOSAHALLI,
TQ: SRIGUPPA, DISTRICT: BALLARI - 583 154,
EMAIL: [email protected].
MOB: 9845140221.
6. ALEKALLU POMAPAPATHI, FATHER NAME: NAGAPPA,
AGE: 37, OCCUPATION: CLERK CUM DATA ENTRY
OPERATOR, GRAM PANCHAYAT KONCHIGERI,
OFFICE/ADDRESS G.P. KONCHIGERI,
TQ: SRIGUPPA, DISTRICT: BALLARI - 583 120,
EMAIL: [email protected].
MOB: 9663205255.
7. SANTHOSH KUMAR,
FATHER NAME: DODDA VEERESHAPPA,
AGE: 37, OCCUPATION: CLERK CUM DATA ENTRY
OPERATOR, GRAM PANCHAYAT SHANAVASAPURA,
OFFICE/ADDRESS G.P. SHANAVASAPURA,
TQ: SRIGUPPA, DISTRICT: BALLARI - 583 120,
[email protected],
MOB: 9900733087.
8. S. DODDA AYYANNA, FATHER NAME: S. HUSENAPPA,
OCCUPATION: CLERK CUM DATA ENTRY OPERATOR,
GRAM PANCHAYAT BYRAPURA,
AGE: 31 YEARS, OFFICE/ADDRESS G.P BYRAPURA,
SIRUGUPPA TALUK, DISTRICT: BALLARI - 583 154.
EMAIL: [email protected]., MOB:9008493437.
9. DADASAHEB D., FATHER NAME: SILRSAB,
OCCUPATION: CLERK CUM DATA ENTRY OPERATOR,
GRAM PANCHAYAT KALINGERI,
AGE: 39 YEARS, OFFICE/ADDRESS G.P KALINGERI,
SANDUR TALUK, DISTRICT: BALLARI - 583 128,
EMAIL: [email protected]., MOB:9902378407.
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10. A.K. SHANKAR, FATHER NAME: GADILINGAPPA,
OCCUPATION: CLERK CUM DATA ENTRY OPERATOR
GRAM PANCHAYAT BASARAKODU,
AGE: 31 YEARS, OFFICE/ADDRESS G.P BASARAKODU,
TALUK & DISTRICT: BALLARI - 583 117.
EMAIL: [email protected].
MOB: 9945133923.
...PETITIONER
(BY SRI PRAKASH JADHAV &
RAVICHANDRA JADHAV, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF RURAL DEVELOPMENT AND
PANCHAYAT RAJ, M. S. BUILDING,
3RD FLOOR, BANGALORE - 560 001,
EMAIL. [email protected], CANTACT NOS. 08022353929.
2. THE COMMISSIONER, RURAL DEVELOPMENT AND
PANCHAYAT RAJ DEPARTMENT GOVERNMENT OF
KARNATAKA, R/O: THE COMMISSIONRATE,
K.G.ROAD, BANGALORE - 560 009.
EMAIL: [email protected].
CONTACT NOS. 08022288201.
3. THE CHIEF EXECUTIVE OFFICER, BALLARI,
OFFICE SITUATED AT ZILA PANCHAYAT OFFICE
NARAYANAPPA COMPOUND,
PORT AREA BALLARI - 583 104, [email protected]. ,
CONTACT NOS. 9480855000.
4. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PERSONAL & ADMINISTRATIVE
REFORMS, VIDHANA SOUDHA BANGALORE - 560 001.
EMAIL: [email protected], CONTACT NOS. 08022033335.
5. M. SURESH, FATHER NAME: SHANMUKHAPPA,
OCCUPATION: BILL COLLECTOR CLERK,
AGE: 40 YEARS,
R/O: GRAM PANCHAYAT TARANAGAR,
TALUK: SONDUR, DISTRICT: BALLARI - 583 119.
EMAIL:[email protected].
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6. ASHIF DAVLA, FATHER NAME: MAHABUBSAB,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 41 YEARS.
R/O: GRAM PANCHAYAT M GONAL
TALUK: DISTRICT: BALLARI - 583 117,
EMAIL:[email protected].
7. ANVARBASHA , FATHER NAME: E. FUKRUDDIN,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 44 YEARS.
R/O: GRAM PANCHAYAT KOLAGALLU
TALUK: SONDUR, DISTRICT: BALLARI - 583 102,
EMAIL: [email protected].
8. M. JAMBANNA, FATHER NAME: LINGAPPA,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 51 YEARS.
R/O: GRAM PANCHAYAT SHRIDHARGADDE,
TALUK: & DISTRICT: BALLARI - 583 103.
EMAIL: [email protected].
9. KOTRAYYA CHANNAMALLAKKALA,
FATHER NAME: RUDRAYYA C.M.,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 42 YEARS,
R/O GRAM PANCHAYAT HALAKUNDI,
TALUK & DISTRICT: BALLARI - 583 102.
EMAIL:[email protected].
10. T. VENKATESH FATHER NAME: PATAPPA,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 37 YEARS,
R/O GRAM PANCHAYAT ANTAPUR,
TALUK: SONDUR, DISTRICT: BALLARI - 583 115,
EMAIL:[email protected].
11. M. SIDDALINGAPPA, FATHER NAME: SIDAPPA,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 38 YEARS.
R/O GRAM PANCHAYAT SANGANAKALLU,
TALUK: & DISTRICT: BALLARI - 583 103,
EMAIL:[email protected].
12. RAYAPURA GULAPPA ,FATHER NAME: RAYAPARGOLAPPA,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 39 YEARS,
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R/O: GRAM PANCHAYAT M. GONAL,
TALUK: & DISTRICT: BALLARI - 583 111,
EMAIL:[email protected].
13. SAHUKAR GANESH, FATHER NAME: S. VEERESHAPPA,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 28 YEARS,
R/O GRAM PANCHAYAT NARASINGAPUR,
TALUK: SONDUR, DISTRICT: BALLARI - 583 118,
EMAIL:[email protected].
14. SURYANARAYANA K., FATHER NAME: MUKKANNA K.,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 37 YEARS,
R/O: GRAM PANCHAYAT KAREKALLU,
TALUK: & DISTRICT: BALLARI - 583 111,
EMAIL:[email protected].
15. PEERA SAB P., FATHER NAME: SHAIKHSAB,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 30 YEARS,
R/O GRAM PANCHAYAT NELUDDI,
TALUK: KAMAPALI, DISTRICT: BALLARI - 583 113.
EMAIL:[email protected].
16. SHARNBASAPPA B., FATHER NAME: B. MALIKARJUN,
OCCUPATION: CLERK-CUM-ACCOUNTANT,
AGE: 37 YEARS, R/O: GRAM PANCHAYAT
SIDDAMMANAHALLI,
TALUK: KURUGODU, DISTRICT: BALLARI - 583 104.
EMAIL: [email protected].
...RESPONDENT
(BY SRI P.N.HATTI, HCGP FOR R1, R2 & R4;
SRI V. SHIVARAJ HIREMATH, ADVOCATE FOR R3;
SRI PRASHANT MATHAPATI, ADVOCATE FOR R5 TO R16)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA, PRAYING TO, QUASHED THE IMPUGNED
VIDE A SENIORITY LIST f¥ÀA§/¹3/UÁæ¥A
À ¹/eÉõÀ×vÁ¥ÀnÖ 2021-22 ¢£ÁAPÀ
03.9.2022, WHICH HAS DECLARED BY THE 3RD RESPONDENT AS PER
ANNEXURE-H HEREIN, DESPITE THAT MAY DECLARED CLERK-CUM-
ACCOUNTANT CADRE IS ILLEGAL WHILE DIRECT TO 1ST TO 4TH
RESPONDENTS TAKE THE PUNITIVE MEASURE AGAINST THE
WRONGDOER AND RE-PREPARE THE SENIORITY LIST ACCORDANCE
WITH SENIORITY RULES AND ETC.,
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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In these writ petitions petitioners have put in issue the validity or otherwise of the process adopted by the respondent No.4-Recruitment Authority and Deputy Secretary Zilla Panchayat who has issued first list of probable candidates to the post of Grade II Secretary SDA Cadre as per Annexure-A dated 16.02.2024.
2. Contention of the learned counsel for the petitioners is that issuance of such a notification is apart from illegal and is also without any authority of law. He further submits that originally by the Notification dated 30.09.2022 produced at Annexure-J1, respondent No.4 had issued recruitment notification. The posts that were notified were "Gram Panchayat Secretary Grade II and Second Division Account Assistant". The said posts were to be filled from the seniority list in the ratio of 3:2 and 1:1 from the in-service candidates, who are working in the
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3. Writ petitions were filed by the aspirants questioning the process of finalization of the seniority list. Orders were passed in the Writ petitions. Considering the orders and directions issued in the writ petitions, respondent No.4 cancelled the Recruitment Notification dated 30.09.2022 vide Official Memorandum dated 11.01.2023 produced at Annexure-J3.
4. Referring to the same, the learned counsel for the petitioners submits that when the very Recruitment Notification has been cancelled entire process pursuant to the cancelled notification and issuing probable list as sought to be done as per Annexure-A is unjustified, illegal and arbitrary. Hence, the petition.
5. Learned counsel for the respondent Nos.3 and 4 on the other hand submits that Annexure-A has been issued pursuant to Annexure-F Notification dated 05.09.2021 providing procedure for recruitment to the
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6. Learned counsel appearing for the private respondent Nos.6 to 25 also fairly submits that though the probable selection list has been issued as per Annexure-A which is as per the Recruitment Notification of Annexure-F, the Recruitment Notification dated 30.09.2022 has been cancelled.
7. Learned High Court Government Pleader, supplementing the submissions made, submits that since the very Recruitment Notification has been cancelled, the entire process has to be taken up afresh as per the guidelines issued by the Government as per Annexure-F
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8. Heard. Perused the records.
9. There is consensus at bar with regard to the fact that the Recruitment Notification produced at Annexure-J1 dated 30.09.2022 issued by the respondent No.4 for direct recruitment of in-service candidates belonging to Clerk/Accountant/Typist/Clerk-cum-Date Entry Operator from their seniority list to the direct recruitment quota has been cancelled vide Official Memorandum dated 11.01.2023 as per Annexure-J3. Once the said notification has been cancelled the purported list of probable candidates to the aforesaid posts published by the respondent No.4 as per Annexure-A is unsustainable.
10. Accordingly, the first probable list issued by the respondent No.4 as per Annexure-A is quashed. Liberty is reserved to the respondent No.4-Authroity to undertake the process of recruitment to the aforesaid posts afresh strictly in accordance with the guidelines/notification
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11. Petition is allowed accordingly.
12. In view of quashing of Annexure-A, the issue raised in the connected W.P.No.105549/2022 does not survive for consideration and the same is also dismissed as infructuous.
SD/-
JUDGE SMM/CT-ASC List No.: 1 Sl No.: 3