Karnataka High Court
Devindrappa vs Union Of India And Ors on 12 December, 2024
Author: R.Devdas
Bench: R.Devdas
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NC: 2024:KHC-K:9584-DB
WP No.203055 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 12TH DAY OF DECEMBER, 2024
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE G BASAVARAJA
WRIT PETITION NO.203055 OF 2023 (S-CAT)
BETWEEN:
DEVINDRAPPA
S/O RATNAPPA,
AGED ABOUT 46 YEARS,
OCC: GDS BPM, HUNASIHOLE BO,
KUMBARPETH SO - 585 290
R/O: DEVATHKAL, SHORAPUR TALUK
YADGIR DISTRICT - 585 290.
...PETITIONER
(BY SRI B.C. JAKA, ADVOCATE)
Digitally signed by
BASALINGAPPA AND:
SHIVARAJ
DHUTTARGAON
Location: HIGH 1. UNION OF INDIA
COURT OF
KARNATAKA BY SECRETARY
DEPARTMENT OF POSTS
DAK BHAVAN, SANSAD MARG
NEW DELHI - 110 001.
2. CHIEF POSTMASTER GENERAL
KARNATAKA CIRCLE
BENGALURU - 560 001.
3. ASSISTANT DIRECTOR
(EST. AND RECTT.)
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NC: 2024:KHC-K:9584-DB
WP No.203055 of 2023
OFFICE OF THE
CHIEF POSTMASTER GENERAL
KARNATAKA CIRCLE,
BENGLAURU - 01.
4. POSTMASTER GENERAL
N.K REGION,
DHARWAD - 580 001.
5. SHRISHAIL
S/O YELLAVVA MADAR,
AGED ABOUT: 30 YEARS, AS PER COURT ORDER
OCC: WORKING AS GDS BPM DATED 16.11.2023
MALNOOR BO, HUNASAGI SO, THIS RESPONDENT IS
YADGIR DELETED.
R/O: TALIKOTI ASHRAYA COLONY,
MUDDEBIHAL TALUK,
VIJAYAPURA DISTRICT - 586 214
DHARWAD - 580 001.
...RESPONDENTS
(BY SRI SUDHIR SINGH R. VIJAPUR, D.S.G.I.,)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING
THE IMPUGNED ORDER DATED 06-12-2022 PASSED IN
ORIGINAL APPLICATION NO.170/00487/2022 PASSED BY THE
CENTRAL ADMINISTRATIVE TRIBUNAL AT BENGALURU WHICH
IS AT ANNEXURE-C, IN THE INTEREST OF JUSTICE AND ISSUE
A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE
MEMO NO.R & E/1-7/2022 DATED 25-11-2022 ISSUED BY THE
RESPONDENT NO.3, WHICH IS AT ANNEXURE-A-7 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R.DEVDAS
AND
HON'BLE MR. JUSTICE G BASAVARAJA
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NC: 2024:KHC-K:9584-DB
WP No.203055 of 2023
ORAL ORDER
(PER: HON'BLE MR. JUSTICE R.DEVDAS) The petitioner who was one of the applicants before the Central Administrative Tribunal, Bengaluru Bench in Original Application No.170/00487/2022, is before this Court aggrieved of the impugned order dated 06.12.2022 passed by the Tribunal.
2. The applicant is working as a Branch Post Master of the Grameen Dak Sevak, Yadgir District for more than five years. After bifurcation of Kalaburagi District and Yadgir District being carved out as a separate revenue district, a declaration was issued by the Department of Posts in terms of memo dated 11.03.2022 that with effect from 01.04.2022 Yadgir will be a new Postal Division. Thereafter, Notification dated 15.07.2022 was issued by the department inviting applications from eligible candidates who appeared in the Limited Departmental Examination (for short, 'LDCE'), for filling up inter alia posts of Postman from the GDS employees who have -4- NC: 2024:KHC-K:9584-DB WP No.203055 of 2023 completed five years of service. The examination was held on 04.09.2022. It is contended by the learned counsel for the petitioner that in the provisional list, the name of the petitioner was found. However, in the final list, since there was a separate list announced for Kalaburagi Division and Yadgir Division, the name of the petitioner was not found in the list of selected candidates. Aggrieved by the fact that the bifurcation and announcement of the selection list has caused the non-selection of the petitioner, it was contended before the Tribunal that when such bifurcation was not shown in the Notification dated 15.07.2022, the respondents should not be permitted to bifurcate the list to announce two separate lists in Yadgiri Division and Kalaburagi Division.
3. Learned Deputy Solicitor General of India, draws the attention of this Court to para-7 and 8 of the impugned order and submits that the Tribunal has taken into consideration such contention made on behalf of the petitioner. However, it was held that in the Notification -5- NC: 2024:KHC-K:9584-DB WP No.203055 of 2023 dated 15.07.2022 itself it was made clear that the number of vacancies for Postman/Mail Guard will be notified later. The respondent - authorities have consequently finalized the list based on their preference given in the competitive examination held on 04.09.2022 and the Data Entry Skill Test (DEST) held on 23.10.2022, based on the final vacancies notified on 25.11.2022, separately for Kalaburagi and Yadgir Division.
4. Learned counsel for the petitioner however contends that the rules of the game cannot be changed after the issuance of the Recruitment Notification. It is submitted that even in the latest judgment of the Hon'ble Supreme Court in the case of Tej Prakash Pathak and Ors. Vs. Rajasthan High Court and Ors. reported in 2024 SCC Online SC 3184, it has been held that the rules of the game cannot be changed after commencement of the game. It was held that eligible criteria for being placed in the select list, notified at the commencement of the recruitment process cannot be changed midway during -6- NC: 2024:KHC-K:9584-DB WP No.203055 of 2023 the recruitment process unless the extant Rules so permit, or the advertisement, which is not contrary to the extant Rules, so permit.
5. Having heard the learned counsel for the petitioner, the learned Deputy Solicitor General of India and on perusing the petition papers, this Court is of the considered opinion that the Tribunal has rightly considered the fact that in the Notification dated 15.07.2022 it was clearly indicated that the number of vacancies for Postman/Mail Guard will be notified later. The competitive examination was held on 04.09.2022 and the Data Entry Skill Test examination was held on 23.10.2022. The number of vacancies were notified on 25.11.2022 whereby 49 posts were to be filled in the Kalaburagi Division and 07 Posts in Yadgir Division. In terms of the earlier vacancies notified on 18.11.2022, 40 Posts were to be filled in Kalaburgi Division and 05 in Yadgir Division. The petitioner cannot dispute the fact that in terms of Memo dated 11.03.2022 and with effect from 01.04.2022 the -7- NC: 2024:KHC-K:9584-DB WP No.203055 of 2023 Postal Division of Yadgiri District was notified and the petitioner continued to be in Yadgir Division. Therefore, even on facts it cannot be accepted that the petitioner had a right to seek his appointment and postings in Kalaburagi Division. The notification of the vacancies on 25.11.2022, in terms of the reservation made in the Recruitment Notification dated 15.07.2022, cannot be said to be a change brought to the rules of recruitment. Therefore, the contention of the learned counsel for the petitioner that there was a change in the rules of the recruitment cannot be accepted. We do not find any infirmity in the impugned order passed by the Tribunal. Accordingly, the writ petition stands dismissed.
Sd/-
(R.DEVDAS) JUDGE Sd/-
(G BASAVARAJA) JUDGE BL List No.: 1 Sl No.: 42