Karnataka High Court
Smt. Archana Golabhanvi D/O Chinnappa ... vs The State Of Karnataka on 3 October, 2023
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
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NC: 2023:KHC-D:11623-DB
WP No. 104888 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR JUSTICE S.R. KRISHNA KUMAR
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT PETITION NO. 104888 OF 2023 (S-KAT)
BETWEEN:
SMT. ARCHANA GOLABHANVI
D/O. CHINNAPPA
W/O. SHRIKANT MUNDASAD,
AGE: NIL, OCC: NIL,
R/O: BASTI BUILDING,
3RD MAIN CROSS,
NEAR CHIDANANTH MATH,
HUDCO COLONY, GADAG,
DIST: GADAG-582101.
...PETITIONER
(BY SRI. SHARANABASAVARAJ C.S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
JAGADISH T R
DEPARTMENT OF EDUCATION,
HIGH COURT OF
KARNATAKA (PRIMARY AND SECONDARY EDUCATION),
DHARWAD
BENCH
2023.10.12
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
12:43:30 +0530 BENGALURU-01.
2. THE COMMISSIONER FOR
PUBLIC INSTRUCTIONS,
NRUPUTUNGA ROAD,
BENGALURU-01.
3. THE DEPUTY DIRECTOR OF
PUBLIC INSTURCTIONS (ADM) AND
THE SELECTING AUTHORIY,
HAVERI DISTRICT-585101.
4. SMT. SWETHA MAKTHENALLI
SL.NO. 164, REG. NO.5094259[66.94608%],
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NC: 2023:KHC-D:11623-DB
WP No. 104888 of 2023
SELECTED UNDER CATEGORY - 2A/KA,
O/O. THE DEPUTY DIRECTOR OF
PUBLIC INSTRUCTIONS (ADM),
AND THE SELECTING AUTHORITY.
HAVERI DISTRICT-585101.
...RESPONDENTS
(BY SRI. G.K.HIREGUDAR, GOVT. ADVOCATE FOR R1 TO R3;
SMT. PADMAJA S.TADAPATRI, ADV. FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE AN
APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI QUASHING THE IMPUGNED ORDER DATED 12.07.2023
IN APPLICATION NO.10243/2023 PASSED BY THE HON'BLE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI BENCH
AT BELAGAVI ANNEXURE-C AND CONSEQUENTLY ALLOW THE
APPLICATION.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
S.R.KRISHNA KUMAR J., PASSED THE FOLLOWING:
ORDER
This petition by the unsuccessful applicant in Application No.10243/2023 is directed against the impugned order dated 12.07.2023 passed by the Karnataka State Administrative Tribunal, Belagavi (for short, 'the Tribunal'), whereby the said application filed by the petitioner was dismissed by the Tribunal.
2. The material on record discloses that pursuant to the notification dated 21.03.2022 issued by respondent -3- NC: 2023:KHC-D:11623-DB WP No. 104888 of 2023 No.3-Deputy Director of Public Instructions inviting applications from eligible candidates for the purpose of filling up of posts of Graduate Primary School Teacher (6th to 8th Standards) for the year 2021-22 by direct recruitment through District Level Competitive Examination, the petitioner submitted an application pursuant to which the 1:2 verification list was published in the name of the petitioner was shown at Sl.No.14 under the category "GM-KA" with merit of 70.86021. However, since the petitioner belonged to Category IIA and had inadvertently and due to oversight, mentioned her Category as "GM-KA", she submitted a representation dated 17.10.2022 requesting the respondents No.1 to 3 to consider her candidature under Category IIA instead of "GM-KA" category. Subsequently, on 27.02.2023, respondent No.3 published 1:1 provisional list of candidates which contained the name of respondent No.4 and did not contain the name of the petitioner, who submitted a representation dated 02.03.2023, requesting to consider her candidature under Category IIA and -4- NC: 2023:KHC-D:11623-DB WP No. 104888 of 2023 claiming that she is entitled to be appointed since she had secured 70.86021% as against respondent No.4 who had secured 66.94% which was lesser than the percentage obtained by the petitioner. Thereafter, since respondent No.3 published the final 1:1 main list of selected candidates which contained the name of respondent No.4 and not the petitioner, she approached the Tribunal by filing the instant application.
3. The said application was contested by respondents No.1 to 3 while respondent No.4 did not contest the application despite notice of the application having been served upon her. By the impugned order, the Tribunal came to the conclusion that since the petitioner had mentioned that she belonged to GM-KA Category and not IIA Category at the time of filling up the application, the petitioner was not entitled to put forth any claim in respect of the said post which was reserved only for candidates belonging to IIA Category and consequently, -5- NC: 2023:KHC-D:11623-DB WP No. 104888 of 2023 dismissed the petition aggrieved by which the petitioner is before this Court by way of the present petition.
4. Before adverting to the material on record, it is necessary to state that it is trite law that for the purpose of ascertaining the eligibility for recruitment, it is the factum of eligibility that is relevant and not production or evidence of eligibility and the same can be produced later as held by this Court in various judgments including the recent judgment of a learned Single Judge of this Court in the case of Kavitha H.M., Vs. State of Karnataka and Others, W.P. No.5109/2023, dated 10.03.2023, which relied upon the earlier judgment of the Apex Court in the case of Ram Kumar Gijroya Vs. Delhi Subordinate Services Selection Board1, as well the order passed in W.P. No.24847/2022 (Hemantkumar N. Vs. The State of Karnataka & Another), dated 31.01.2023, which was allowed by the learned Single Judge. In this context, it is relevant to note that the Tribunal came to the conclusion 1 (2016)4 SCC 754 -6- NC: 2023:KHC-D:11623-DB WP No. 104888 of 2023 that making or committing a mistake while filling up the form was a human error and cannot be completely ruled out. However despite the petitioner having submitted representation dated 17.10.2022, much before the provisional list which was published on 27.02.2023 thereby bringing to the notice of respondents No.1 to 3 that mentioning of her status as GM instead of Category IIA was due to oversight and inadvertence, the Tribunal has proceeded to pass the impugned order which is contrary to the material on record as well as the principles laid down in the aforesaid judgments thereby warranting interference by this Court in the present petition.
5. A perusal of the material on record will indicate that as per the impugned order insofar as it relates to the petitioner and respondent No.4 are concerned, the impugned 1:1 main selection list chooses respondent No.4 over the petitioner despite the petitioner securing 70.86021% as against 66.94% secured by respondent No.4. Further, the fact that the petitioner belongs to -7- NC: 2023:KHC-D:11623-DB WP No. 104888 of 2023 Category IIA and a certificate was obtained on 11.04.2022, prior to submission of her application is also not in dispute as can be seen from the said caste certificate. Under these circumstances, we are of the considered opinion that the Tribunal committed an error in dismissing the application filed by the petitioner only on the sole/simple ground that the error/mistake committed by the petitioner, who belonged to Category IIA and possessed caste certificate prior to submission of the application and had inadvertently mentioned the same as Category GM instead of Category IIA which was a curable defect since the caste certificate was produced later.
6. Learned counsel for respondent No.4 submits that since rejection of the petitioner and selection of respondent No.4 was on account of mistakes committed by the petitioner and respondent Nos.1 to 3/State, in- justice would be caused to respondent No.4 if her selection is set-aside. The said submission was made by learned counsel for respondent No.4 earlier when the matter was -8- NC: 2023:KHC-D:11623-DB WP No. 104888 of 2023 posted before this Court on 23.09.2023, this Court directed the learned AGA to place on record the total number of posts available and which have not been filled up pursuant to the recruitment notification dated 21.03.2022.
7. Under these circumstances, having come to the conclusion that the mistake that had crept in to the application filed by the petitioner by showing herself as belonging to GM Category was due to oversight/inadvertence and same was a rectifiable/correctable error and in the light of the judgments of the Hon'ble Apex Court and this Court as referred to supra, we deem it just and proper to set aside the final selection list insofar as the petitioner and respondent No.4 is concerned and allow the application filed by the petitioner before the Tribunal. However, since the respondent No.4 will be replaced by the petitioner by virtue of this order and since respondent Nos.1 to 3 proceeded to publish the provisional list without the name -9- NC: 2023:KHC-D:11623-DB WP No. 104888 of 2023 of the petitioner and by showing the name of respondent No.4 on 27.02.2023 despite the petitioner earlier submitting a representation dated 17.10.2022, requesting her candidature to be considered under Catergory IIA, we are of the view that respondent Nos.1 to 3 are to be directed to provide a separate post in favour of respondent No.4, if available, as expeditiously as possible. Further, since the present litigation arises out of a mistake committed by respondent Nos.1 to 3 in not considering the representation dated 17.10.2022 submitted by the petitioner prior to issuance of the provisional list dated 27.02.2023 selecting respondent No.4, it would also be just and proper to direct that in the event, a vacant post is not available for the purpose of appointing respondent No.4, respondent Nos.1 to 3 would necessarily have to be directed to create a separate supernumerary post and appoint respondent No.4 in the special/peculiar facts and circumstances of the instant case and to do substantial justice under Article 226 of the Constitution of India and give appropriate posting to respondent No.4.
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8. In the result, we proceed to pass the following:
ORDER
(i) The petition is hereby allowed.
(ii) The impugned order dated 12.07.2023 passed in Application No.10243/2023 on the file of the Karnataka State Administrative Tribunal, Belagavi is here set aside.
(iii) The impugned 1:1 main selection list of candidates for the post of Graduate Primary Teachers for 6 to 8 class for year 2022 for the post of Mathematics and Science Teacher in Kannada medium dated 08.03.2023 is hereby set aside insofar as the petitioner and respondent No.4 are concerned.
(iv) Respondent Nos.1 to 3 are directed to select the petitioner under Category IIA in the place of respondent No.4 as expeditiously as possible.
(v) So also, respondent Nos.1 to 3 are directed to provide alternative vacant post to respondent No.4, if available, as expeditiously as possible.
(vi) Respondent Nos.1 to 3 are also directed, in the event, alternative vacant post is not available to be provided in favour of respondent No.4, respondent Nos.1 to 3 shall create a separate supernumerary
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NC: 2023:KHC-D:11623-DB WP No. 104888 of 2023 post and provide the same to respondent No.4 as expeditiously as possible.
(vii) Respondent Nos.1 to 3 shall comply with the aforesaid directions and complete the aforesaid process within a period of 3 months from the date of receipt of the copy of this order.
It is however made clear that, this order is passed in the peculiar/ special facts and circumstances of the instant case and the same shall not be treated as precedent nor shall the same have any precedential value for any purpose, whatsoever.
Sd JUDGE Sd JUDGE KMS/RH List No.: 1 Sl No.: 70