Karnataka High Court
Parvati D/O Kuppa Devadiga vs Konkan Railway Corporation Ltd on 13 March, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC-D:5196
WP No. 64802 of 2011
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
WRIT PETITION NO. 64802 OF 2011 (S-RES)
BETWEEN:
PARVATI D/O KUPPA DEVADIGA,
AGED 31 YEARS, NEAR POST OFFICE,
CHITRAPURA POST, SHIRALI, BHATKAL,
DIST. NORTH KANARA.
... PETITIONER
(BY SRI. VISHWANATH HEGDE, ADVOCATE FOR
SRI. K.S. PATIL, SRI. JEEVAN J. NEERALAGI AND
SRI. VIJAY M. MALALI, ADVOCATES)
AND:
1. KONKAN RAILWAY CORPORATION LTD.,
R/BY ITS MANAGING DIRECTOR,
BELAPUR BHAVAN, SECTOR 11,
P O BOX NO. 9, CBD BELAPUR,
NAVI MUMBAI-400614.
2. CHIEF PERSONNEL OFFICER,
BELAPUR BHAVAN, SECTOR 11,
VIJAYALAKSHMI
M KANKUPPI P O BOX NO. 9, CBD BELAPUR,
Digitally signed by
VIJAYALAKSHMI M KANKUPPI
NAVI MUMBAI-400614.
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
Date: 2024.03.16 11:01:00
... RESPONDENTS
+0530
(BY SMT. MALA B. BHUTE, ADVOCATE FOR
SRI. G.K. HIREGOUDAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO WRIT OF
CERTIORARI QUASHING ANNEXURE D DATED 04/11/2010 AT NO.
KR/CO/P/LL/CORRESD AS SAME IS ILLOGICAL AND ILLEGAL AND
DIRECT THE RESPONDENT CORPORATION TO CONSIDER THE
CANDIDATURE OF PETITIONER FOR THE POST OF ASSISTANT LOC
PILOT IN RESPONDENT CORPORATION IN THE INTEREST OF JUSTICE
AND EQUITY.
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NC: 2024:KHC-D:5196
WP No. 64802 of 2011
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The prayer made in this writ petition is to quash the Annexure-D dated 04.11.2010 and direct the respondent- Corporation to consider the candidature of petitioner for the post of Assistant Loco Pilot in respondent No.1-Corporation and to consider the candidature for suitable posts in respondent No.1.
2. Heard learned counsel for the petitioner and learned counsel for respondents.
3. The respondent No.1 -Corporation had acquired vast tracks of agricultural lands in West Coast of India for the purpose of laying railway tracks and to construct Railway stations. The petitioner belongs to the family of land losers as her father Kuppa Devadiga has lost Sy.No.744/2 of Chitrapur village, Tq.Bhatkal. The policy of respondents spells that one person will be absorbed from the family of land losers subject to eligibility and suitability. The said -3- NC: 2024:KHC-D:5196 WP No. 64802 of 2011 policy of respondents is at Annexure-'A'. Respondent Corporation issued notification dated 05.01.2003 inviting applications for the post of Assistant Station Master. The petitioner was called on 19.03.2003 to appear for written test which was held on 13.04.2003 vide Annexure-'B'. The petitioner did not receive any information regarding the said written test appeared by her. It is stated that the petitioner came to know that some of the candidates who have applied for the same post of Assistant Station Master along with her have been absorbed for some other posts like Commercial Assistants, Goods Guards, Accounts Assistants and Office Assistants. The petitioner on coming to know the same, by her letter dated 16.10.2010 vide Annexure-'C' requested respondent No.2 to consider her candidature for other posts. The respondent No.2 informed the petitioner that she has not submitted certificates of 1st and 2nd year B.com and the certificate produced by her is stated to be issued by the Tahasildar is not in prescribed format vide Annexure-D. The petitioner again through her letter dated 18.11.2010 vide Annexure-'E' explained her stand in respect of objections -4- NC: 2024:KHC-D:5196 WP No. 64802 of 2011 raised stating that final year certificate of B.com contains the marks of B.com 1st and 2nd year. Respondent No.2 refused to consider the request of the petitioner by letter dated 25.11.2010 vide Annexure-'G'. It is the submission of the petitioner that other candidates who were not qualified in Psycho test have been considered for the various other posts and therefore, case of the petitioner also requires to be considered in that regard.
4. The learned counsel for the petitioner would contend that the B.Com final year marks card vide Annexure-F contains the total marks obtained by the petitioner in B.Com 1st and 2nd year and therefore respondent cannot insist for production of certificates of B.com 1st and 2nd year. He further contended that candidature of the petitioner cannot be rejected on the ground that the certificate issued by the Tahasildar is not in proper format. He contends that the document produced by the petitioner is sufficient to consider her candidature for alternate posts. He prays for quashing Annexures- 'D' and 'G' and prays for fresh consideration of the representation of the petitioner dated 16.10.2010 vide -5- NC: 2024:KHC-D:5196 WP No. 64802 of 2011 annexure-C and representation dated 18.11.2010 vide Annexure-'E'.
5. Learned counsel for the respondents contend that the petitioner has applied for the post of Assistant Loco Pilot in the year 2003 and she has filed writ petition in the year 2011 after lapse of 8 years and therefore, she is not entitled for the relief sought by her. She places reliance on the decision of Co-ordinate Bench of this court rendered in W.P.No.62520/2012 dated 11.12.2012.
6. Having heard the learned counsel for the parties, this court has perused the documents.
7. The petitioner has applied for the post of Assistant Loco Pilot in the year 2003 and as per the communication dated 19.03.2003 vide Annexure-'D', she appeared for written test and she did not came to know what happened to her candidature. The learned counsel for the petitioners submits that there was another Notification bearing No.KR/CO/P/03/2008 for the post of Commercial Assistants and Passenger Assistants and the petitioner being a three -6- NC: 2024:KHC-D:5196 WP No. 64802 of 2011 years graduate has applied for the said post and she has produced all the documents required as per the said notification.
8. In Annexure-'C' there is a mention that she was sent call letter to attend the written test on 20.06.2010 and she was also called for personal interview on 05.05.2010 but her name was not figured in the list of candidates called for medical examination. The representations submitted by the petitioner vide Annexure-'E' dated 18.11.2010 contains the details of documents produced by her. The notification is of the year 2008 that is 22.05.2008 and her candidature was not considered for alternate post even though she has passed B.Com which can be seen in her B.com-III marks card vide Annexure-'E'. Considering the said representations of the petitioner vide Annexure-'C' and Annexure-'E', the reply sent by the respondents vide Annexures-'D' and 'G' does not contain any explanation for the query made by the petitioner in her representations. In view of the same, the reply dated 04.10.2010 issued by the respondents vide -7- NC: 2024:KHC-D:5196 WP No. 64802 of 2011 Annexure-'D' and another reply dated 25.11.2010 vide Annexure-'G' are quashed.
9. The respondents are directed to consider the representation of the petitioner dated 16.10.2010 vide Annexure-'C' and representation dated 18.11.2010 vide Annexure-'E' and give detail reply to the said representation of the petitioner within a period of two months from the date of receipt of certified copy of this order.
Accordingly, the writ petition is disposed of.
Sd/-
JUDGE HMB CT:BCK List No.: 1 Sl No.: 26