Karnataka High Court
Santosh S vs Bengaluru Urban Bengaluru Rural on 29 May, 2023
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WP No. 23015 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.23015 OF 2022 (S-RES)
BETWEEN:
SANTOSH S.
S/O SIDDARAJU
AGED ABOUT 25 YEARS
R/AT DHARMAIAHNAPALYA
KUDUR, MAADI TALUK
RAMANAGARA DISTRICT - 561101.
...PETITIONER
(BY SRI. NATARAJ G., ADVOCATE)
AND:
BENGALURU URBAN BENGALURU RURAL
AND RAMANAGARA DISTRICT
CO-OPERATIVE MILK PRODUCERS
CO-OPERATIVES UNION LTD.,
DR. M. H. MARIGOWDA ROAD
Digitally signed by
ARUN KUMAR M S
DHARMARAN COLLEGE POST
Location: HIGH COURT BENGALURU - 560029
OF KARNATAKA
REPTD BY ITS MANAGING DIRECTOR.
...RESPONDENT
(BY SRI.B.L.SANJEEV, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ENDORSEMENT DATED 08.11.2022 VIDE
ANNEXURE-P ISSUED/PUBLISHED IN RESPONDENT WEBSITE
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 23015 of 2022
ORDER
In this writ petition, the petitioner is assailing Endorsement dated 08.11.2022 (Annexure-P), issued by the respondent-Co-operative Union, interalia sought for direction to the respondent to consider the case of the petitioner to the post of 'Junior Technical Electronic Mechanic' as per the recruitment notification dated 30.12.2022.
2. It is the case of the petitioner that, the petitioner has completed ITI Electronics Mechanic course and has made an application to the respondent, pursuant to the notification dated 30.12.2020 (Annexure-D) issued by the respondent, inviting applications from the eligible candidates to fill up the post of 'Junior Technical Electronic Mechanic' posts. It is further stated in the writ petition that the petitioner was permitted to attend the examination on 12.12.2021, and the petitioner has secured 99 marks out of 200, however, the case of the petitioner was not considered for the appointment on the ground that the petitioner has not uploaded the relevant marks cards while making application through online and accordingly, an Endorsement dated 08.11.2022 came to be issued by the -3- WP No. 23015 of 2022 respondent. Feeling aggrieved by the same, the petitioner has presented this writ petition.
3. I have heard Sri Nataraj G., learned counsel appearing for the petitioner and Sri B.L.Sanjeev, learned counsel appearing for the respondent.
4. Sri Nataraj G., learned counsel appearing for the petitioner contended that the petitioner has uploaded all the relevant documents in terms of the notification dated 30.12.2020 (Annexure-D) and he has secured a considerable marks and thereafter, the respondent out not to have rejected the application made by the petitioner on the ground that the petitioner has fails to upload the relevant documents at the fag- end of recruitment process. Accordingly, he sought for interference of this Court.
5. Per contra, Sri B.L.Sanjeev, learned counsel appearing for the respondent reiterates averments made in the Statement of Objections and contended that the petitioner has uploaded only the 4th semester marks card and has neither uploaded the relevant marks cards of semesters 1 to 3 nor uploaded the consolidated marks card to substantiate the -4- WP No. 23015 of 2022 requirement of the qualification made in the notification. Accordingly, he sought to justify the rejection of the application made by the petitioner.
6. Having heard the learned counsel appearing for the parties and on careful examination of the notification dated 30.12.2020 (Annexure-D), it would indicate that, the petitioner has made an application through online for the post of Junior Technical Electronic Mechanic, and in terms of the notification, the petitioner ought to have uploaded the entire marks cards of all the semesters of ITI. It is relevant to extract bullet point No.8 under the head 'Instructions' of the notification, which reads as under:
• "MPÀÆÌlzÀ F £ÉêÀÄPÁw ¥ÀæPl À uÉAiÀÄ°è ¸ÀÆZÀ£ÉUÀ¼À£ÄÀ ß ¥ÀÆtðªÁV w½AiÀÄzÉ C¨sÀåyðUÀ¼ÀÄ vÀ¥àɸÀVzÀ°è MPÀÆÌlªÀÅ dªÀ¨ÁÝgÀgÁVgÀĪÀÅ¢®è."
7. Perusal of the notification would indicate that the respondent reserves right to reject the application in the event incomplete documents have been produced/uploaded. In that view of the matter, taking into consideration the law declared by the Hon'ble Apex Court in the case of Karnataka States Seeds Development Corporation Limited and another vs. -5- WP No. 23015 of 2022 H.L.Kaveri and others reported in (2020) 3 SCC 108 and in the case of the State Of Bihar and others vs. Madhu Kant Ranjan and another reported in (2021) SCC online SC 1262, wherein, it is clearly stated that in the event, if the applicants fail to furnish/upload the relevant documents within the cutoff date mentioned in the recruitment notification, such applications are liable to be rejected. Following the declaration of law made by the Hon'ble Apex Court in the aforementioned cases, I am of the view that, no interference is called for in this writ petition. Accordingly, the writ petition is dismissed.
SD/-
JUDGE SB List No.: 1 Sl No.: 25