Karnataka High Court
Mr Rajesh Y N vs The State Of Karnataka on 22 August, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2023:KHC:29880
WP No. 4979 of 2023
C/W WP No. 6588 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 4979 OF 2023 (S-RES)
C/W
WRIT PETITION NO. 6588 OF 2023 (S-RES)
IN.W.P.No.4979/2023:
BETWEEN:
1. SRI. NAVEEN KUMAR.H.N.
AGED ABOUT 30 YEARS,
S/O NANJE GOWDA,
UDDINA MALLANA HOSUR,
OOGINAHALLI POST,
KI KALYANA KARNATAKA,
ERI HOBLI, K.R. PETE TALUK,
MANDYA - 571 423.
Digitally 2. SRI. PRASANNA KUMAR D.M.
signed by
PANKAJA S AGED ABOUT 25 YEARS,
Location: S/O MANCHE GOWDA,
HIGH
COURT OF HOUSE No.124, CHANNIPURA VILLAGE,
KARNATAKA KASABA HOBLI, N.G. DODDI POST,
MALAVALLI TALUK,
MANDYA - 571 475.
3. SRI.NISHCHITH S.P.
AGED ABOUT 25 YEARS,
S/O PARAMESH S.H.,
No.5, SEEGE VILLAGE AND POST,
HASSAN - 573 219.
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4. ABHISHEK KANAMADI,
AGED ABOUT 30 YEARS,
S/O MALLAPPA KANAMADI,
PLOT No.36, BRINDAVAN COLONY,
BACKSIDE OF ESHWARALINGA TEMPLE,
HU KALYANA KARNATAKA,
ERI, BELAGAVI-591 309.
5. SRI.SHIVANA GOUDA S BIRADAR,
AGED ABOUT 28 YEARS,
S/O SIDANNA GOUDA,
No.73, KUNTOJE, MUDDEBIHAL TALUK,
VIJAYAPURA-586 212.
6. SRI.DHAREPPA KURABET,
AGED ABOUT 24 YEARS,
No.171, MASAPPAGOL,
MARUTHI GUDI RASTE,
MELAMANAHALLI, GOKAK,
BELAGAVI-591 231.
7. SRI.ANUPAMA GENNUR,
AGED AOBUT 25 YEARS,
D/O B.L.GENNUR,
BASABALINGA NAGAR,
NEAR TEACHERS COLONY, MUDHOL,
BAGALKOT-587 313.
8. SRI.SANTHOSH S DARUR,
AGED ABOUT 30 YEARS,
BASADI ONI, KHAVATKOPPA,
ATHANI TALUK,
BELAGAVI-591 220.
9. SRI.NIKHIL.L.BAGALI,
AGED ABOUT 28 YEARS,
No.45, AT JEWARGI(K)
POST JEWARGI (B), AFZALPUR TALUK,
KALABURGI - 585 301.
10. SRI.SIDDAPPA K YENDIGERI,
AGED ABOUT 31 YEARS,
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WP No. 4979 of 2023
C/W WP No. 6588 of 2023
S/O KALLAPPA TALAGIAH, ILAL POST,
BAGALOKOT-587 111.
11. SRI.VENKATESH A HOSAMANI,
AGED ABOUT 28 YEARS,
S/O ARJUN,
No.1, ROOGI POST, MUDHOL,
BAGALKOT-587 313.
12. SRI.SANTOSH B. MALLUR,
AGED ABOUT 23 YEARS,
No.6, OFFICERS BLOCK-I,
ANAND RAO CIRCLE, POLICE QUARTERS,
GANDHINAGAR, BANGALORE-560 009.
13. SRI.ANJAN KUMAR,
S/O GANGADHAR K.N.
AGED ABOUT 32 YEARS,
R/AT LAKSHMI NILAYA,
NAGANNA PALYA, SIRAGATE,
TUMKUR-572 106.
14. SRI.VEERABHADRAPPA KOKATANUR,
S/O DUNDAPPA,
AGED ABOUT 35 YEARS,
R/AT No.136,
NEAR GRAM PANCHAYATH, ASANGI,
JAMAKHANDI, BAGALOKOT-587 314.
... PETITIONERS
(BY SRI. M.S.BHAGWATH, SENIOR COUNSEL FOR
SRI. SATISH.K, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS UNDER SECRETARY,
(SERVICE RULES-1), DEPARTMENT OF
PERSONNEL AND ADMINISTRATIVE REFORMS
M.S. BUILDING, DR.AMBEDKAR VEEDHI,
BANGALORE-560 001.
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C/W WP No. 6588 of 2023
2. DEPARTMENT OF ADMINISTRATIVE
AND PERSONNEDL REFORMS,
REPRESENTED BY ITS SECRETARY,
ROOM 226, VIDHANA SOUDHA,
BANGALORE-560 001.
3. KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
REPRESENTED BY ITS DIRECTOR
(ADMIN AND HR)
1ST FLOOR, KAVERI BHAVAN,
KEMPEGOWDA ROAD, NEHRU NAGAR,
GANDHI NAGAR, BANGALORE-560 009.
4. KARNATAKA EXAMINATION AUTHORITY,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
18TH CROSS ROAD, SAMPIGE ROAD,
MALLESHWARAM, BANGALORE,
KARNATAKA - 560 0012.
5. SRI.CHINNAPURAPPA.M,
S/O SRI.SIDDAPPA.M.
AGED ABOUT 28 YEARS,
R/AT BHUJANGANAGAR(POST)
SANDUR, BELLARY-583 119.
6. SRI.SHAILENDRA KUMAR.K.B.,
S/O SRI.BASAVARAJ.J.
AGED ABOUT 28 YEARS,
R/AT No.10, 5TH CROSS 9RIGHT)
M.V.NAGAR, KAPPAGAL ROAD,
BELLARY-583 103.
7. SRI. SUGURAYYASWAMY,
S/O SRI.VEERAYYASWAMY,
AGED ABOUT 26 YEARS,
R/AT HADDINAL,
SUNKESHWARAHAL(POST)
DEVADURGA, RAICHUR-584 126.
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8. SRI.BASAVAREDDY,
S/O SRI.HANUMANTHRAYA,
AGED ABOUT 35 YEARS,
R/AT No.2-11-73/4,
NEAR TAHSIL OFFICE, LINGASUGUR,
RAICHUR-584 122.
9. SRI.NAGENDRA RAO KUMATA,
S/O SRI.GANESHA RAO KUMATA,
AGED ABOUT 24 YEARS,
R/AT HOUSE No.335, 4TH WARD,
MARIYAMMANAHALLI,
HOSPET, VIJAYANAGARA-583 222.
10. SRI.SHIVASHARANGOUDA,
S/O SRI.SANGANAGOUDA PATIL,
AGED ABOUT 25 YEARS,
R/AT PLOT NUMBER No.16,
GANDIGUDI LAYOUT,
NEAR SHETTY THEATRE,
GULBARGA-585 101.
11. SRI. RAJU BIREDARA,
S/O SRI.RUDRAPPA,
AGED ABOUT 28 years,
R/AT HOME No.46,
NEAR LAXMI TEMPLE, HASARAGUNDAGI,
KALABURAGI-585 265.
12. SRI.HANAMANT,
S/O RAMCHANDRA,
AGED 34 YEARS,
R/AT No.103,
BAGDURI, BIDAR-585 437.
13. SRI.MADIWALAPPA,
S/O BASANNA,
AGED ABOUT 36 YEARS,
R/AT WARD No.2,
NEARVEERABHADRESHWARA TEMPLE,
HALKATTA, CHITTAPUR,
KALABURGI-585 225.
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14. SRI.SACHIN,
S/O BABURAO,
AGED ABOUT 26 YEARS,
R/AT No.70, BHAVANI MANDIRA ROAD,
KAMTHANA, BIDAR-585 266.
15. SRI.LINGARAJARADDY CHIKAGOUDAR,
S/O CHANDRASHEKHAR,
AGED ABOUT 28 YEARS,
R/AT HOUSE No.13-4-135/5/8
CHOUDHARY COLONY, YAKLASPUR ROAD,
RAICHUR-584 101.
16. SRI.GOWDAIAHRA VENKATESH,
S/O SRI.BASAVARAJA,
AGED ABOUT 27 YEARS,
R/AT HOUSE No.124, SECOND LING,
J.MYASARAHATTI, JUMMOBANAHALLI,
KUDLIGI, VIJAYANAGARA
17 . Sri. CHARAN SINGH,
S/o. SURENDRA SINGH,
AGED ABOUT 26 YEARS
NO.46 NEAR NAGALAND CIRCLE,
BEL NAGALAND COLONY,
JALAHALLI, BENGALURU 560013.
18 . SRI. PRADEEP KUMAR C,
AGED ABOUT 27 YEARS,
S/O CHANDRASHEKHAR,
NO. 23, 2ND CROSS,
RAJIV GANDHI NAGAR,
LAGGERE, BANGALORE 560 058.
19 . SRI. KARTHIK Y.S,
S/O SATHYANARAYANA,
AGED ABOUT 26 YEARS
NO.311/1, MARUTHI NILAYA,
2ND WARD, 3A CROSS, DARGAH ROAD,
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C/W WP No. 6588 of 2023
NEAR CHOWDESHWARI TEMPLE,
YELAHANKA, BENGALURU-560 064.
20 . SMT. SOWJANYA J. K.,
D/O. JANARDHAN V,
AGED ABOUT 28 YEARS,
NO. 223/B, 36TH CROSS,
2ND BLOCK,
RAJAJINAGAR,
BENGALURU - 560 010.
21 . SMT. PRIYADARSHINI J PATIL,
AGED ABOUT 37 YEARS,
D/O. JINAGAUDA K PATIL,
NO. 18, PREMA NILAYA,
4TH STAGE,
NEAR ANNAPOORNESHWARI TEMPLE,
NAGADEVANAHALLI POST,
BANGALORE-560 056.
22 . SRI. SUMANTH B. C.,
AGED ABOUT 29 YEARS,
S/O. CHANDRASHEKHARAPPA,
B P DURGIGUDI RIGHT SIDE,
NEAR MAHALAKSHMI SAW MILL ROAD,
HONNALI TALUK,
DAVANGERE DISTRICT- 577 217.
23 . SMT. KUSUMA C.,
AGED ABOUT 27 YEARS,
D/O CHALUVARAJ C,
SUGGANAHALLI KODAVATTI POST,
HULIYURDURGA HOBALI,
KUNIGAL TALUK,
TUMAKUR-572 123.
24 . SRI. SWAMY B,
AGED ABOUT 31 YEARS,
S/O BETTAIAH
KADAKANAKOPPALU VILLAGE,
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ANASALE POST, KIRUGAVALU HOBLI,
MALAVALLI TALUK, MANDYA-571424.
25 . SRI. KRISHNANAIK U,
AGED ABOUT 30 YEARS,
S/O UMLA NAIK,
DASARAMMANAHALLI,
KYTHAGANAKERE POST,
PAVAGADA, TUMKUR-561202.
26 . SMT. SHWETHA S,
C/O CHAITANYA PG,
AGED ABOUT 28 YEARS
PUTTEGOWDANAHUNDI VILLAGE,
KASTUR POST
CHAMARAJANAGARA TALUK
AND DISTRICT- 571 115.
27 . SMT. KEERTHILAKSHMI G K,
AGED ABOUT 29 YEARS,
D/O KALAIAH B K,
1ST CROSS,
VINAYAKA EXTENSION,
KARASAVADI ROAD, MANDYA- 571 401.
28 . SMT. VEENA R,
AGED ABOUT 30 YEARS,
D/O RAJAPPA,
ANNENAHALLI VILLAGE,
GUMMAREDDYPURA POST, KOLAR TALUK,
KOLAR DISTRICT-563 126.
29 . SRI. NAGABHISHEK N,
AGED ABOUT 24 YEARS,
S/O NATARAJA M,
NO. 583, GORAVANAHALLI NEW EXTENSION,
MALAVALLLI ROAD MADDUR,
MADDUR TALUK,
MANDYA DISTRICT- 571 428.
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30 . SRI. RAGHUVEER K B,
AGED ABOUT 29 YEARS,
S/O BHASKARSETTY KS,
NO.97/1, OPP. RAMAMANDIRA,
KERALAPURA, ARAKALGUD TALUK,
HASSAN -573 136.
31 . SRI. ANANDAKUMAR H. L.,
AGED ABOUT 29 YEARS,
S/O LINGANAYAKA H S,
HALASURU VILLAGE,
BEERAVALU POST, SARGOR HOBLI
AND TALUK,MYSORE-571121.
32 . SMT. VARSHITHA R.
AGED ABOUT 27 YEARS,
D/O. RAJENDRAPPA S P,
NO. 1634, 1ST CROSS,
KUVEMPU MARGE, BANK COLONY,
BOGADI, MYSURU-570026.
33 . SRI. MADAN C,
AGED ABOUT 28 YEARS,
S/O CHANDRU,
NO. 272, CR PALLYA VILLAGE,
GUJJANADU POST, PAVAGADA TALUK,
TUMKUR DISTRICT-572 116.
34 . SRI. RAVISHANKAR M B,
AGED ABOUT 37 YEARS,
S/O. M BASAVARAJU,
DOOR NO 328,
NEAR NAVKIS EDUCATIONAL CENTRE,
BHUGATHGALLI, BANNUR ROAD,
MYSURU-570 028.
35 . SRI. HANUMANTHEGOWDA N,
S/O LATE NAGANNA
AGED ABOUT 31 YEARS
NO. 455, KOMATTI STREET,
ARAKERE VILLAGE AND POST,
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SRIRANGAPATNA TALUK,
MANDYA-571415.
36 . SMT. RUCHITHA K N,
AGED ABOUT 26 YEARS,
D/O NAGARAJA K N,
D KATTE METHOD, HOSADURGA TALUK, CHITRADURGA-
577533.
37 . SRI. NIDHIRAJ B. V.,
AGED ABOUT 29 YEARS,
S/O VENKATARAMU,
AMBEDKAR STREET KOPPA,
KOPPA HOBLI,
MADDUR TALUK, MANDYA-571425.
38 . SMT. SPANDANA N. R.,
AGED ABOUT 23 YEARS,
D/O. NAGARAJU T,
AMMA NILAYA, 2ND MAIN,
APPAGERE ROAD,
KEMPEGOWDA BADAVANE,
CHANNAPATNA TALUK,
RAMANAGAR -562 160.
39 . SRI. SUNIL KUMAR S. L.,
AGED ABOUT 28 YEARS,
S/O. LAKSHMAN,
SASALU, HULLEKERE POST,
DANDINASHIVARA HOBLI,
TURVEKERE TALUK,
HULLEKERE, TUMAKURU- 572 215.
40 . SMT. DEEPA C. C.,
AGED ABOUT 30 YEARS,
D/O. CHANDRAPPA C M,
PANDOMATTI, CHANNAGIRI TALUK
DAVANAGERE -577 213.
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41 . SRI. NANDAN R.,
AGED ABOUT 27 YEARS,
S/O. P RAJU,
DOOR NO. 1712,
11TH CROSS, K N PURA,
MYSORE- 570 019.
42 . SRI. KARTHIK B G,
AGED ABOUT 30 YEARS,
S/O. BASAVARAJ GORAWAR,
NO.32, MALATESHA NILAYA,
BANASHANKARI BADAVANE,
BEHIND THIRUMALA CONVENTION HALL,
MALAPANAHATTY, CHITRADURGA-577 502.
43 . SMT. RAMYA K. R.,
AGED ABOUT 31 YEARS,
W/O. PUNEET,
GOPIKUNTE DODDAHULIKUNTE HOBLI,
SIRA TALUK, TUMKUR-572113.
44 . SRI. HAREESHA T.,
AGED ABOUT 35 YEARS,
S/O THIPPESWAMY,
REKHALAGERE LAMBANIHATTY,
BEHIND PEDDAMMA TEMPLE,
NAIKANAHATTI,
CHITRADURGA -577 536.
45 . SRI. VINAYAKA M,
AGED ABOUT 30 YEARS,
S/O MAHABALESHWAR N BHAT,
NO. 414, 10TH CROSS, 1ST MAIN,
NEAR SAPTHASWARA HIGH SCHOOL,
B M SHREE NAGAR, MYSORE-570 016.
46 . SMT. SHALINI D. S.,
AGED ABOUT 31 YEARS,
D/O. A SUBRAMANYAM,
DIBBURAHALLI, SIDLAGATTA TALUK,
CHIKKABALLAPUR -562 105.
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47 . SRI. RAGHAVENDRA F. C.,
AGE ABOUT 27 YEARS,
S/O. FAKEERAPPA D,
CHANDRANNAVAR NAVALLI TALUK,
NAVALGUND DHARWAD -582 208.
48 . SRI. DARSHAN,
AGED ABOUT 29 YEARS,
S/O. RAMDAS MESTRI,
NO.500, AJJAPSHETWADA
NEAR BUDEVI TEMPLE,
AVERSA, ANKOLA TALUK,
UTTARA KANNADA - 581 316.
49 . SRI. SUPRITA BANNIKOPP,
AGED ABOUT 24 YEARS,
D/O. YANKAPPA ANAND,
ASHRAM ROAD, KOLIGUD RAIGAB TALUK,
BELAGAVI-591220.
50 . SRI. BHARATESH NAGANUR,
AGED ABOUT 29 YEARS, S/O. DHANAPAL,
HIDKAL-TERADAL ROAD,
HIDKAL TALUK, RAIBAG DISTRICT,
BELAGAVI-591220.
51 . SRI. GAJANAND D MADALAGI,
AGED ABOUT 28 YEARS,
S/O. DEVANAND MADALAGI
MULLA PLOT,
CHINCHALI ROAD, RAIBAG,
RAIBAG TALUK,
BELGAVI - 591 317.
52 . SRI. ARUN R CHOUGALA,
AGED ABOUT 27 YEARS,
S/O RAMESH CHOUGALA,
VIVEK NAGAR, ALAKHANUR,
RAIBAG TALUK, BELAGAVI - 591 220.
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53 . SRI. SHABEER MULLA,
AGED ABOUT 29 YEARS,
S/O. HUSENASAB MULLA,
NEAR DATHBAGHOL THOTA,
SAVALAGI TALUK,
JAMKHANDI BAGALKOT-587330.
54 . SRI. ASHWAL B. P.,
AGED ABOUT 25 YEARS,
S/O. PRABHAKAR,
NO. 91, BENNOLLI, KIGGA POST,
SRINGERI TALUK,
CHIKMAGALUR DISTRICT- 577 139.
55 . SRI. SAYYEDHUSSAIN SIDDIQUI,
AGED ABOUT 27 YEARS
S/O. MOHAMMEDABDULHALEEM SIDDIQUI
PLOT NO 58, SHIFA COLONY,
AMAN NAGAR, BELAGAVI- 590 016.
56 . SRI. KIRANKUMAR PARASHURAM PAMMAR,
AGED ABOUT 29 YEARS,
S/O. PARASHURAM,
C/O. P B PAMMAR, NO. 258/4,
WARD NO. 8, MARWADI GALLI,
BAGALKOT - 587 101.
57 . SRI. PRAKASHA N,
AGED ABOUT 26 YEARS,
S/O. NARASIMHALAH,
MALALICHANNENAHALLI, TARIKERE TALUK,
CHICKMAGALUR DISTRICT-577228.
58 . SRI. SIDDAPPA SOUDI,
AGED ABOUT 28 YEARS,
S/O. BAHUBALI,
NEAR YALLAMMA TEMPLE,
TERDAL, BAGALKOT -587 315.
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59 . SRI. SANTOSH KORIMATH,
AGED ABOUT 25 YEARS,
S/O. RACAHAYYA,
DONURMATH BUILDING,
KERI STREET, NAVALGUND TALUK,
DHARWAD-582 208.
60 . SRI. GAJANANA ABHYANKAR B,
AGED ABOUT 31 YEARS,
S/O. NARAYANA ABHYANKAR B,
ARASINAMAKKI POST, BELTHANGADY TALUK,
HATHYADKA, DAKSHINA KANNADA- 574 198.
61 . SRI. MADHUCHANDRA M. B.,
AGED ABOUT 24 YEARS,
S/O MALLAPPA BELAVADI,
HALAKUSUGAL POST, NAVALGUND TALUK,
DHARWAD- 582 208.
62 . SRI. SHIVARAJGOUD K PARAGOND,
AGED ABOUT 25 YEARS,
S/O. KEMPEGOUD PARAGOND,
HOUSE NO.21, KHB COLONY,
SADASHIV NAGAR, SOLAPUR ROAD,
VIJAYPURA-586 103.
63 . SRI. VENKATESH HOSMANL,
AGED ABOUT 35 YEARS,
S/O VASUDEV,
LOWER MAKKERI KAIGA ROAD,
KPTCL COLONY, SHEJWADA KARWAR,
SHIRWADA-581306.
64 . SMT. VANI K NADONI,
AGED ABOUT 28 YEARS,
D/O KRISHNA B NADONI,
NEAR SHARAN BASAVESHWAR,
MATH EXTENSION AREA,
BAGALKOT-587 101.
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65 . SRI. PRASHANTKUMAR GUMASHETTI,
AGED ABOUT 29 YEARS,
S/O IRAGANTEPPA,
NO. 122, NEAR DEVI TEMPLE,
KALKERI TALIKOT, BIJAPUR-586 118.
66 . SRI. AKSHAYKUMAR ARER,
AGED ABOUT 26 YEARS,
S/O ANAND ARER,
ARER TOTA PAMALADINNI,
GOKAK TALUK, BELAGAVI -591 306.
67 . SRI. KALLAPPA BASARIKHODI,
AGED ABOUT 29 YEARS,
S/O. NANDEPPA BASARIKHODI
A/P SANKONATTI TALUK, ATHANI,
BELAGAVI-591304.
68 . SRI. TEJA BARKER,
AGED ABOUT 28 YEARS,
S/O BASAVARAJ,
NO. 705, GANGADHAR NAGAR,
NOOLVI, HUBLI-580028.
69 . SRI. AMITKUMAR SIDDARADDI,
AGED ABOUT 23 YEARS,
S/O BHIMANAGOUD SIDDARADDI,
NEAR LAXMI HIDE, KORWAR TALUK,
SINDAGI, VIJAYAPURA-586120.
70 . SRI. RAGAVESH KOLAMUSKAR S,
AGED ABOUT 30 YEARS, S/O SURESH,
NO. 652/A, GOKAK ROAD,
MUCHANDI, BELGAUM- 590 016.
71 . SRI. HANUMANTHAGOUDA R PATIL
AGED ABOUT 31 YEARS,
S/O. RAMANAGOUDA B PATIL,
LAXMI NILAYA, NEAR BANASHANKARI,
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TEMPLE, SHIROL, MUDHOL TALUK,
BAGALKOT- 587 313.
72 . SRI. SOMANAGAOUDA,
AGED ABOUT 26 YEARS,
S/O ARAVINDA S AVATI,
POST YALAWAR,
TALUK DEVARA HIPPARAGI,
BIJAPUR -586203.
73 . SRI. BILKIS BANU SIDDIQUI,
AGED ABOUT 25 YEARS,
D/O. MOHAMMEDABDULHALEEM SIDDIQUI, ,
CTSN 4856, 1ST MAIN, 2ND CROSS
VIJAY BAKERY, SADASHIV NAGAR,
DOORDARSHAN NAGAR, BELAGAVI -590 019.
74 . SRI. SANDEEP B KONNUR,
AGED ABOUT 28 YEARS,
S/O. BASAVARAJ,
BELLUBBI POST, BABALESHWAR TALUK,
VIJAYAPUR- 586 113.
75 . SRI. BASANAGOUD BIRADAR,
AGED ABOUT 32 YEARS,
S/O. SHANKARAGOUDA BIRADAR,
BISANAL, NO.46, PUJARA COLONY,
BASAVANA BAGEWADI TALUK,
VIJAYAPURA-586203.
76 . SMT. AKSHATA WALL,
AGED ABOUT 30 YEARS,
D/O. ASHOK,
STATION ROAD PAWAD,
NEAR BASAVESHWARA TEMPLE,
BENDIGERI GALLI, VIJAYAPURA- 586 102.
77 . SRI. IRANNA CHIKKOND,
AGED ABOUT 27 YEARS,
S/O. BASAVARAJ CHIKKOND,
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OPPOSITE TO BASAVATATVA SCHOOL,
VEERBHADRESHWAR NAGAR,
BASAVAN BAGEWADI,
VIJAYAPURA -586 203.
78 . KUM. VATSALYA HALLUR,
AGED ABOUT 24 YEARS
D/O. RAMANAGOUDA
SY NO. 24C PLOT NO.16,
KUMUDA NAGAR,
NEAR TONTADARYA MATH,
BIJAPUR, VIJAYAPUR-586109.
79 . SRI. THARESHA,
AGED ABOUT 24 YEARS,
S/O URUKUNDAPPA,
NO. 22, GANJALLI RAICHUR TALUK,
RAICHUR -584 170.
80 . SMT. NAGARATHNA,
AGED ABOUT 23 YEARS,
D/O SURESH,
HOUSE NO. 2-130/22,
DIVALAGUDDA
NEAR UKP CAMP, RANGAMPETH,
SHORAPUR, YADGIR - 585 220.
81 . SMT. POOJA,
AGED ABOUT 28 YEARS,
D/O. ANNARAO,
NO. 1/135, NEAR PANDURANG TEMPLE,
KODAMBAL, HUMNABAD,
BIDAR-585 412.
82 . SRI. RAJESHKUMAR JADHAV,
AGED ABOUT 28 YEARS,
S/O. PARASHURAM JADHAV,
SHREE PRABHU NILAYA,
BEHIND MAHANTHAYYA MATH SCHOOL,
B.T. PATIL NAGAR, KOPPAL-583 231.
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WP No. 4979 of 2023
C/W WP No. 6588 of 2023
83 . SRI. MAHADEV,
AGED ABOUT 29 YEARS
S/O. SITARAM,
HOUSE NO. 1- 53,
MADIYAL TANDA SRINIVAS
SARADAGI TALUK AND DISTRICT
KALABURAGI- 585 102.
84 . SRI. GIRIDHAR G,
AGED ABOUT 24 YEARS,
S/O. G NAGARAJU,
QUATRES NO. 78/B,
RAILWAY COLONY, NEAR HOSPET
RAILWAY STATION, HOSAPETE-583 201.
85 . SRI. SAGAR, AGED ABOUT 28 YEARS,
S/O VISHWANATH REDDY,
NO. 5-1-229/G-H-1,
JAYASHREE NIVASA,
PUBLIC GARDEN,
BASAWESHWARA NAGAR,
YADGIR-585202.
86 . SRI. TIPPESHA CHINIVALARA,
AGED ABOUT 29 YEARS,
S/O. KOTRESH C,
NO. 168, NEAR ANJENAYA TEMPLE,
MALVI, HAGARIBOMMANHALLI,
VIJAYANAGAR- 583 212.
87 . SRI. BASAVARAJ,
AGED ABOUT 23 YEARS,
S/O MALLAPPA,
NO. 2/39, SANGWAR,
MUNGAL POST AND TALUK,
YADGIR - 585 221.
88 . SRI. DEENESH,
AGED ABOUT 32 YEARS,
S/O. DNYANOBA EKTAPURE,
AT POST HOLSAMUDRA TALUK,
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WP No. 4979 of 2023
C/W WP No. 6588 of 2023
KAMALNAGAR DISTRICT,
BIDAR-585417.
89 . SRI. PAVAN KUMAR N,
AGED ABOUT 25 YEARS,
S/O BASAVARAJ N,
HOUSE NO. 14/2/663,
OPPOSITE TO COLD STORAGE,
JANATHA COLONY, ASKIHAL,
RAICHUR- 584 102.
90 . SRI. NARESH KUMAR,
AGED ABOUT 27 YEARS,
S/O. VENKATARAMULU,
NO. 413, NEAR BUS STAND MAIN ROAD,
CHAPETLA, GURMITKAL TALUK,
YADGIR -585 214.
91 . SMT. VIJAYALAXMI,
AGED ABOUT 29 YEARS,
W/O SANDEEP KOLAR,
PLOT NO.8, NEW OZA LAYOUT,
KUBER NAGAR, KALABURGI -585 102.
92 . Kum. VIJAYALAXMI P. S.,
AGED ABOUT 23 YEARS,
D/O. SATHYANARAYANA SETTY,
K P, NO. 2-13-211/16,
WARD NO- 17, LAKSHMI NIVASA,
OPP. TO ANGLIST ENGLISH MEDIUM SCHOOL,
VASAVI COLONY, LINGASUGUR TALUK
RAICHUR - 584 122.
93 . Sri. SHARANAGOUDA,
AGED ABOUT 29 YEARS,
S/O. LATE HONNAREDDY,
TALAK, HEDAGIMADRA,
YADAGIRI (TQ), YADAGIRI-585202.
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C/W WP No. 6588 of 2023
94 . SRI. NIKHIL KUMAR,
AGED ABOUT 27 YEARS,
S/O CHANDRAKANTH,
29-711/13, N.S. KHUBA WELL,
DEVELOPED LAY OUT, NEW KHB COLONY,
BASAVAKALYAN, BIDAR-585327.
95 . SMT. N.S.INDIRA,
D/O N. SHIVANNA,
AGED ABOUT 29 YEARS,
R/AT NO.65, DAGGI BASAPURA,
KAMBATAHALLI POST,
HARAPPANA HALLI TALUK,
VIJAYANAGAR-583125.
96 . SRI. SRIDHEERA B.C,
S/O LATE CHANNAPPA.B,
AGED ABOUT 26 YEARS,
KERE HANGALA BEEDI,
BEHIND GOVT. SCHOOL,
YARAMANAHALLI, NIMBALAGERE
KOTTUR TALUK, VIJAYANAGARA-583136.
... RESPONDENTS
(BY SRI.VIKRAM HUILGOL, ADDITIONAL ADVOCATE GENERAL
ALONGWITH, SRI.M.S.NAGARAJA, AGA FOR R-1 & R-2;
SRI.SRIRANGA, SENIOR COUNSEL FOR SMT.SUMANA
NAGANANAD, ADVOCATE FOR R-3;
SRI.N.K.RAMESH, ADVOCATE FOR R-4;
SRI.ADITYA SONDHI, SENIOR COUNSEL FOR
SRI.PARASHURAMA A.L, ADVOCATE FOR R-5 TO R-16;
SRI.UDAYA HOLLA, SENIOR COUNSEL FOR
SRI.VIVEK HOLLA, ADVOCATE FOR R-17 TO R-96)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING
/STRIKE DOWN THE RETROSPECTIVE OPERATION OF THE
CIRCULAR DATED:01.02.23 IN NO.SEAASUE 03 HIKAKO 2019
ISSUED BY THE RESPONDENT No.1 DUE TO OPPOSITION FORM
KALYANA KARNATAKA REGION LOCAL CANDIDATES AND
KALYANA KARNATAKA REGION LOCAL CANDIDATES AND
- 21 -
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WP No. 4979 of 2023
C/W WP No. 6588 of 2023
KALYANA KARNATAKA REGION LOCAL PEOPLES
REPRESENTATIVES (ANNEXURE-A), ETC.
IN W.P.No.6588/2023
BETWEEN:
1 . MR RAJESH Y N
S/O NARAYANAPPA,
AGED ABOUT 31 YEARS,
R/AT YANADAHALLI, HUTTUR POST,
YANADAHALLI, KOLAR
KARNATAKA 563101.
2 . MR RAKESH G R, S/O RAMEGOWDA
AGED ABOUT 29 YEARS,
R/AT GEKARAVALLI VILLAGE,
BOOVANAHALLI POST,
KASABA HOBLI, HASSAN 573 220.
3. MR RPADEEP KUMAR
S/O GOOLI GOWDA,
AGED ABOUT 35 YEARS,
NO 248A, MALAVALLI TALUK,
YETHAMABADI, MANDYA,
KARNATAKA 571421.
4. MR.SHASHIKIRAN SHETTY
S/O CHANDRASHEKAR SHETTY
AGED ABOUT 32 YEARS
NO 3, DINADAKAL HOUSE
BALKUR POST AND VILLAGE
NEAR GOVT HIGH SCHOOL
UDUPI, KARANATAKA 576 211.
5. MR SUNIL L M
S/O MANJEGOWDA
AGED ABOUT 28 YEARS
LALANAKERE, HASSAN
ARAIKERE, KARNATAKA 573 164.
- 22 -
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WP No. 4979 of 2023
C/W WP No. 6588 of 2023
6. MR RAGHAVENDRA TALLU
S/O BASAPPA, AGED ABOUT 30 YEARS,
PLOT NO 52, BOUXITE ROAD
ANNAPURNAWADI,
BELAGAVI 590010.
7. MR RAMESH GOUDA BIRADAR
S/O GURU GOUDA
AGED ABOUT 29 YEARS
RA/T KAJIBILAGI,
JAMKHANDI TALUK,
BAGALKOT DISTRICT 587330.
... PETITIONERS
(BY SRI.KESHAV.M.DATAR, ADVOCATE FOR PETITIONERS)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS CHIEF SECRETARY
VIDHANA SOUDHA,
BENGALURU 560001.
2. THE STATE OF KARANTAKA
REP BY ITS UNDER SECRETARY
DEPARTMENT OF PERSONNEL AND
ADMINSITRATIVE REFORMS
MS BUILDING, AMBEDAKR VEEDHI
BENGALURU 560001.
ALSO AT:
226, VIDHANA SOUDHA
BENGALURU 560001.
3. THE STATE OF KARNATAKA
REP BY ITS UNDER SECRETARY
(HYDERABAD KARNTAKA SPECILA CELL)
DEPARTMENT OF PERSONAL AND
ADMINISTRATIVE REFORMS, M S BUILDING,
AMBEKAR VEEDHI, BENGALURU 560001.
- 23 -
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WP No. 4979 of 2023
C/W WP No. 6588 of 2023
4. THE KARANTAKA POWER TRANSMISSION
CORPORATION LIMITED
DIRECTOR ADMIN AND HR
1ST FLOOR, KAVERI BHVAN
K G ROAD, BENGALURU 560009.
5. THE KARNATAKA EXAMINATION AUTHORITY
REP BY ITS EXECUTIVE DIRECTOR
SAMPIGE ROAD, 18TH CROSS
MALLESHWARAM, BENGALURU 560012.
6. MR CHANDRAKANT S/O SRI KASHAPPA,
AGED ABOUT 33 YEARS,
R/AT 5/138 NALEGAON, DHYMANSOOR (POST)
HUMANBAD BIDAR, BIDAR-585353.
7. MR SURESH M, S/O SRI TAMMANNA,
AGED ABOUT 33 YEARS
R/AT TYPE--C/216, RTPS COLONY,
SHAKTHINAGAR, RAICHUR-584170.
8. MR. VISHWARADHYA DEVARNAVADAGI
S/O. SRI MALAKANNA DEVARNAVADAGI
AGED ABOUT 27 YEARS
MATOLI MALLABAD (POST)
AFZALPUR(TQ), KALABURAGI-585301.
9. MR. PATIL KOTRAGOUDA
S/O SRI GURUBASAVANAGOUDA P.,
AGED ABOUT 22 YEARS,
HARAKANALU, HARAPANHALLI,
VIJAYNAGAR-583219.
10 . MR. SIDDAIAH,
S/O SRI BRAHAMANDAIAH,
AGED ABOUT 30 YEARS,
NO.112 WARD NO.1, URA BAVI, UTTANGI (POST)
HADAGALLI (TQ), VIJAYNAGAR-583219.
- 24 -
NC: 2023:KHC:29880
WP No. 4979 of 2023
C/W WP No. 6588 of 2023
11 . MR. SHIVAKANT
S/O. SRI PRABHURAO
AGED ABOUT 30 YEARS,
GOBBURWADI KAMALAPUR (TQ)
KALABURAGI-585313.
12 . MR. PRAKASH WAGDARI
S/O. SRI NINGANNA WAGDARI
AGED ABOUT 28 YEARS,
HOSUR (POST) AFZALPUR (TQ)
KALABURAGI-585217.
13 . MR. SHRISHAIL
S/O SRI MALLANNA KAR
AGED ABOUT 29 YEARS,
HOUSE NO.16/1/15/45 A,
BASAVA CHOWKA,
REVANASIDDHESHWAR COLONY,
ALAND, KALABURAGI-585302.
14 . MR. DHANRAJ
S/O SRI ERANNA,
AGED ABOUT 24 YEARS,
KURIKOTA (POST), KAMALAPUR (TQ)
KALABURAGI-585316.
15 . MR. SATISHA K.,
S/O. SRI ESHAPPA K.,
AGED ABOUT 33 YEARS,
2ND WARD, NEAR RAMASWAMY TEMPLE,
SANDUR, SANDUR (TQ), BELLARY-583119.
16 . MR. SHASHI KUMAR
S/O. SRI SAIBANNA
AGED ABOUT 29 YEARS,
NO.6-16/A, SULEPETH CHINCHOLI (TQ)
KALABURAGI-585324.
- 25 -
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WP No. 4979 of 2023
C/W WP No. 6588 of 2023
17 . MR. CHANNAVEER
S/O. SRI SHANTAVIRAPPA PATIL
AGED ABOUT 25 YEARS,
HOUSE NO.1545/13-3,
BHAVANI NAGAR,
NEAR KEB POWER HOUSE,
NANDI COLONY,
KALABURAGI-585104.
18 . MR. RAGHAVENDRA
S/O. SRI. MALIYAPPA
AGED ABOUT 31 YEARS,
HOUSE NO.98, 1ST WARD,
ASHRAYA COLONY,
DOWLATHAPURA ROAD, SANDUR,
BALLARI-583115.
19 . MR. MULIMANI MANJUNATHA
S/O. SRI VIRUPAKSHAPPA M.,
AGED ABOUT 33 YEARS,
1ST WARD, METRI (POST), KAMPLI(TQ)
BELLARY-583129.
20 . MR.MALLANNA,
S/O. SRI VEERANNA,
AGED ABOUT 30 YEARS,
NAGARABENCHI POST, MASKI,
RAICHUR-584124.
21 . MR. SUNILKUMAR
S/O. SRI HANAMANTRAYA KARJAGI,
AGED ABOUT 25 YEARS,
PLOT NO.3, S.NO.5/1,
BIDDAPUR COLONY,
NEAR JAI HANUMAN SCHOOL,
KALABURAGI-585103.
22 . MR. MANJUNATH K.,
S/O. SRI K.EKANTH,
AGED ABOUT 29 YEARS,
- 26 -
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WP No. 4979 of 2023
C/W WP No. 6588 of 2023
26TH WARD, DOOR NO.321,
JAGRUTHI NAGAR, 1ST CROSS,
BALLARI-583102.
23 . MR. VIJAYA
S/O SRI GANGADHARA
AGED ABOUT 32 YEARS,
WARD NO.1, OPP. GRAMA PANCHAYATHI,
SANGANAKAL, VTC. BELLARY (POST)
BELLARI-583115.
24 . MR. K.ANIL KUMAR, S/O SRI MALLIKARJUNA
AGED ABOUT 22 YEARS,
SULTHANAPUR, CHIKKANTAPUR (POST)
SANDUR (TQ), BALLARI-583115.
25 . MR. YOGESH B.,
S/O. SRI. BASAVALINGAIAH
AGED ABOUT 26 YEARS,
#NO.1414, 2ND CROSS,
CORPORATION COLONY,
GOVINDARAJNAGAR,
BENGALURU-560079.
26 . MRS. ASHWINI B.V.,
D/O. SRI. B.T.VENKATESH,
NO.2/21, 11TH CROSS,
BOVIPALYA, MAHALAKSHMIPURAM,
BENGALURU-560086.
27 . MRS. SOWMYA
D/O. SRI. NAGARAJU L.,
AGED ABOUT 30 YEARS,
3RD CROSS, NARAYANAPPA BADAVANE,
TB CROSS, DODDABALLAPURA TOWN,
BENGALURU RURAL DISTRICT-561203.
28 . MR. SUHAS G.R.,
S/O. SRI GANGADHARASWAMY K.,
NO.396, 6TH CROSS,
- 27 -
NC: 2023:KHC:29880
WP No. 4979 of 2023
C/W WP No. 6588 of 2023
KALIKAMBA TEMPLE ROAD,
RANGANATHAPURA, KAMAKSHIPALYA,
BENGALURU-560079.
29 . MR. MANORANJAN R.,
S/O. SRI.RAMESH V.,
AGED ABOUT 23 YEARS,
NO.33, 4TH A MAIN, KALYANA NAGAR,
NAGARBHAVI MAIN ROAD,
BENGALURU-560072.
30 . MRS. RANJITHA K.R.,
D/O. SRI. RAMACHANDRA G.,
AGED ABOUT 28 YEARS,
J603 PRINCE TOWN APARTMENT,
SHETTIHALLI, JALAHALLI WEST,
BENGALURU-560013.
31 . MR. CHARAN SINGH
S/O. SRI.SURENDRA SINGH
AGED ABOUT 26 YEARS,
NO.46, NEAR NAGALAND CIRCLE,
JALAHALLI, BENGALURU-560013.
32 . MR. KARTHIK Y.S.,
S/O. SRI. SATHYA NARAYANA H.,
AGED ABOUT 26 YEARS,
311/1, MARUTHI NILAYA,
2ND WARD, 3 A CROSS,
DARGA ROAD, NEAR CHOWDESHWARI TEMPLE,
YELAHANKA, BENGALURU URBAN-560064.
33 . MR. NAVEEN KUMAR B.R.,
S/O. SRI RAMAKRISHNAIAH,
AGED ABOUT 23 YEARS,
NO.76, BARADI VILLAGE,
MANDIGERE POST,
NELAMANGALA TALUK,
BENGALURU RURAL-562123.
- 28 -
NC: 2023:KHC:29880
WP No. 4979 of 2023
C/W WP No. 6588 of 2023
34 . MRS. CHITHRA A.M.,
D/O. SRI MANJEGOWDA,
AGED ABOUT 27 YEARS,
NO.174, ADAGURU VILLAGE AND POST,
KASABA HOBLI, CHANNARAYAPATTANA TALUK,
HASSAN-573116.
35 . MRS. RAKSHA S. SIRIGERE
D/O. SRI SHIVALINGAPPA S.,
AGED ABOUT 25 YEARS,
MARUTHI STREET, MALEBENNUR,
HARIHARA TALUK, DAVANAGERE-577530.
36 . MR. LATHESH SHETTY K.K.,
S/O. SRI. KRISHNA MURTHY K.C.,
AGED ABOUT 21 YEARS,
NO.13, 5TH MAIN, 3RD CROSS,
SARASWATHIPURAM, MYSURU-570009.
37 . MRS. ARCHANA R.,
D/O. SRI. RANGASWAMY K.,
AGED ABOUT 21 YEARS,
NO.6/D, 6TH CROSS MAIN ROAD,
RAJENDRA NAGAR, MYSORE-570007.
38 . MRS. K.R.RAGHAVENDRA
S/O. SRI K.N.RAJASHEKARAIAH,
AGED ABOUT 27 YEARS,
OPP. AMBEDKAR BHAVAN,
1ST CROSS, KANCHAGATTA,
TIPTUR, TUMKUR DISTRICT-572201.
39 . MR. NAVEEN S.,
S/O. SRI SHIVANNA,
AGED ABOUT 23 YEARS,
MARIGOWDANADODDI VILLAGE,
HALAGURU HOBALI, BYDARAHALLI,
MANDYA-571421.
- 29 -
NC: 2023:KHC:29880
WP No. 4979 of 2023
C/W WP No. 6588 of 2023
40 . MR. MANASA M.H.,
S/O. SRI. MOHANA Y.D.,
AGED ABOUT 26 YEARS,
ELEKOPPA VILLAGE, NELLIGERE POST,
NAGAMANGALA TALUK, MANDYA-571418.
41 . MR. RAGHUVEER K.B.,
S/O. SRI. BHASKARSETTY K.S.,
NO.97/1, OPP. RAMAMANDIRA,
KERELAPURA, ARAKALGUD TALUK
HASSAN-573136.
42 . MR. KARTHIK H.S,
S/O. SRI SUGEERAPPA H.,
NO.1234/195, 2ND MAIN, 9TH CROSS,
NEAR MAGANUR BASAPPA HIGH SCHOOL,
TARALABALU BADAVANE, VIDYANAGARA,
DAVANAGERE-577005.
43 . MR. MADAN C.,
S/O. SRI CHANDRU
AGED ABOUT 28 YEARS,
27, C.R.PALYA VILLAGE,
GUJJANADU POST, PAVAGADA TALUK,
TUMKUR-572116.
44 . MR. NANDISHA T.N.,
S/O. SRI NANJUNDE GOWDA,
AGED ABOUT 28 YEARS,
NO.64, KERE STREET,
THOREBOMMANAHALLY,
HONNAYAKANAHALLY POST,
MADDUR, MANDYA-571422.
45 . MR. RAMACHANDRA R.,
S/O. SRI RAMAPPA,
AGED ABOUT 29 YEARS,
NO.226, MODUR VILLAGE AND POST,
OLD MILL ROAD, BOOKANAKERE HOBLI,
KRISHNARAJAPETE TALUK,
MANDYA-571426.
- 30 -
NC: 2023:KHC:29880
WP No. 4979 of 2023
C/W WP No. 6588 of 2023
46 . MR. RADHA C.B.,
W/O. SRI. MOHAN KUMAR K.,
AGED ABOUT 33 YEARS,
ARALIMARAD PALYA,
SIRA GATE, BHAGAVATI LAYOUT,
TUMKUR-572106.
47 . MR. NANDAN R.,
S/O. SRI P.RAJU,
AGED ABOUT 27 YEARS,
NO.1712, 11TH CROSS,
K.N.PURA, MYSURU-570019.
48 . MRS. SHALINI D.S.,
D/O. SRI A.SUBRAMANYAM,
DIBBURAHALLI, SIDLAGATTA TALUK,
CHIKKABALLAPUR-562105.
49 . MRS. POORNIMA E.,
D/O. SRI ESHWARAPPA P.,
AGED ABOUT 27 YEARS,
KARPENAHALLI VILLAGE AND POST,
DODDERI HOBLI, MADHUGIRI TALUK,
TUMAKURU-572112.
50 . MR. HAREESHA T.,
S/O. SRI THIPPESWAMY,
AGED ABOUT 35 YEARS,
BEHIND PEDDAMMA DEVASTANADA
REKHALAGRE, LAMBANIHATTY,
NAIKANAHATTI, CHITRADURGA-577536.
51 . MR.VINAYAKA.M,
S/O SRI. MAHABLESHWARA N. BHAT,
NO. 414, 10TH CROSS, 1ST MAIN, NEAR SAPTHASWARA
HIGH SCHOOL,
B.M. SHREE NAGAR,
MYSORE-570016.
- 31 -
NC: 2023:KHC:29880
WP No. 4979 of 2023
C/W WP No. 6588 of 2023
52 . PRIYANKA DESAI,
D/O SRI NAGARAJ DESAI,
AGED ABOUT 31 YEARS,
SHREE MALLIKARJUN TEMPLE ROAD,
AMMANAGI, HUKKERI TALUK,
BELAGAVI-591236.
53 . MR.PARASURAM KAMBAR,
S/O SRI. RAMANNA, AGED ABOUT 26 YEARS,
AT POST KAGALAGOMB,
BADAMI TALUK, BAGALKOT-587205.
54 . MR.SHABEER MULLA,
S/O SRI. HUSENASAB MULLA,
AGED ABOUT 29 YEARS,
NEAR DATHABAGHOL THOTA SAVALAGI,
KAMKHANDI TALUK,
BAGALKOT-587330.
55 . MR.SIDDHARTH.N, S/O SRI NAGARAJU,
AGED ABOUT 24 YEARS,
EB-89, KPTCL COLONY, AIRPORT ROAD,
KAVOOR POST, MANGALORE-575015.
56 . MR.VENKATESH HOSMANI,
S/O SRI VASUDEV, AGED ABOUT 35 YEARS,
LOWER MAKKERI KAIGA ROAD,
KPTCL COLONY, SHEJWADA, VTC- KARWAR,
PO-SHIRWADA-581306.
57 . MR.MITTUSAB BABUSAD PHANIBAND,
S/O SRI. BANBUSAB, AGED ABOUT 33 YEARS,
#544, TATAGAR GALLI, SHINDIKURBET, ]
BELGAUM-591310.
58 . MR.SHASHIKANTH B. KAMBANNAVAR,
S/O SRI. BASAVANT KAMBANNAVAR,
AGED ABOUT 29 YEARS,
MUDAKAVI, RAMDURGA,
BELGAVI-591123.
- 32 -
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WP No. 4979 of 2023
C/W WP No. 6588 of 2023
59 . MR.MAHESH MALAGE,
S/O SRI. SHANKAR MALAGE,
AGED ABOUT 29 YEARS,
TORANAHALLI, POST JAINAPUR,
TALUK CHIKKODI, BELAGAVI-591226.
60 . MR. NAGARAJA.R, S/O SRI. RANGAPPA.N,
AGED ABOUT 31 YEARS,
NEAR SHREE SHANESHWARA TEMPLE,
HARIGE CAMP, HATHI NAGARA,
VIDYA NAGAR POST, SHIVAMOGGA-577203.
61 . MR. GANESH T.M, S/O SRI MANJUNATHA,
SHREE LAKSHMI CYCLE SHOP,
KURUBARA STREET, JANNAPURA,
SHIVAMOGGA DISTRICT, BHADRAVATHI-577301.
62 . MR.SHASHIDHARA.N,
S/O SRI. NAGARAJAPPA.R,
AGED ABOUT 32 YEARS,
NAGAVANGALA, KUDLUR POST,
AJJAMPURA, CHIKKAMAGALORE-577116.
63 . MR. RENUKA, D/O SRI. VEERANNAGOUDA,
NO.186, BASAVA CIRCLE,
NEAR HANUMAN TEMPLE,
KODALHANGARGA POST, ALAND TALUK,
KALBURGI-583120.
64 . MR. MANJUNATHA.K, S/O SRI KALINGAPPA.K,
WARD NO.2, KONCHIGERI VILLAGE,
SIRUGUPPA TALUK, BELLARY-583120.
65 . MR. MAHENDRA,
S/O SRI. PARAMESHWAR HOSAMANI,
E/10/1458, B SHAMSUNDAR NAGAR,
NEAR S.B. COLLEGE, KALABURGI-585103.
- 33 -
NC: 2023:KHC:29880
WP No. 4979 of 2023
C/W WP No. 6588 of 2023
66 . MR. SHAIK ZAHEER PASHA,
S/O SRI MAHMAD GOUSE,
AGED ABOUT 30 YEARS,
NO.5, MATMARI, WARD NO.1,
MATMARI, RAICHUR-584202.
67 . MR. LAXMIPUTA. S. HELIKERI,
S/O SRI. SHANTAMALLAPPA,
AGED ABOUT 31 YEARS,
POST MADANHIPPARGA,
ALAND TALUK, KALABURGI-585236.
68 . MR. PRASHANTH L.R,
S/O SRI RAMAPPA.L, AGED ABOUT 33 YEARS,
SEETHARAM THANDA, HOSPET TALUK,
VIJAYANAGAR, VIJAYANAGAR DISTRICT-583215.
69 . MR. NANDA KUMAR.N, S/O SRI CHANDRASHEKAR.N,
AGED ABOUT 26 YEARS,
NO.21, OPP. MUNICIPAL PARK,
16TH WARD DRIVER COLONY,
SIRUGUPPA TALUK AND POST,
BELLARI-583121.
70 . MR. PARASHURAM,
S/O SRI. SUBHAS RATHOD,
AGED ABOUT 29 YEARS,
NO.781/1546, STATION TANDA,
NRUPATUNGA NAGAR, MALKHED (J),
SEDAM TALUK, KALABURGI-585292.
71 . MRS. MONIKA.B, D/O THIPPESWAMY, B.H,
HOUSE NO. 52C, WARD NO.23,
SIDDARTHA NAGAR, CANTONMENT,
BALLARI-583124.
72 . MR. NARESH KUMAR,
S/O SRI. VENKATARAMULU,
413 NEAR BUS STAND MAIN ROAD AT POST, CHAPETLA
GURMITKAL TALUK, YADGIR DIST-585214.
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73 . MR. SHRIDHAR, S/O SRI SIDDAPPA,
AGED ABOUT 27 YEARS,
1/56 HIMLAPUR POST,
CHAPETLA GURMITKAL TALUK,
YADGIR-585214.
74 . MR. RAJENDRA V.M,
S/O SRI MALLESH.N, AGED ABOUT 24 YEARS,
NO.48, 3RD WARD, HARIJANA KERI,
YESHWANTH NAGAR, SANDUR TALUK,
BELLARY DIST-583124.
75 . MRS. DEEPA SIDDAPPA ADUR,
D/O SRI SIDDAPPA ADUR,
16 WARD, HOUSE 1812/1,
NAYAKAWADI ONI KUSHTAGI, KOPPAL,
KARNATAKA-583277.
76 . MR. SHARANGOUDA,
S/O SRI LATE HONNAREDDY,
AGED ABOUT 29 YEARS,
TALUK (VILLAGE), HEDAGIMADAR (POST),
YADAGIRI TALUK AND DIST-585202.
... RESPONDENTS
(BY SRI. VIKRAM HUILGOL, ADDITIONAL, ADVOCATE
GENERAL ALONGWITH SRI.M.S.NAGARAJA AGA FOR
R-1 TO R-3;
SRI.S.SRIRANGA, SENIOR COUNSEL FOR SMT. SUMANA
NAGANAND, ADVOCATE FOR R-4;
SRI.N.K.RAMESH, ADVOCATE FOR R-5;
SRI.ADITYA SONDHI, SENIOR COUNSEL FOR
SRI PARASHURAMA.A.L., ADVOCATE FOR R-6 TO R-24;
SRI.UDAYA HOLLA, SENIOR COUNSEL FOR SRI.VIVEK
HOLLA, ADVOCATE FOR R-25 TO 76)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASHING THE CIRCULAR No.CSUE 03 HAKKU 2019
DATED:01.02.2023 ISSUED BY THE R-2 (ANNEXURE-A), ETC.
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THESE PETITIONS, HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 03.08.2023, COMING ON FOR
PRONOUNCEMENT THIS DAY, THE COURT MADE THE
FOLLOWING
ORDER
1. For ease of reference, this order has been divided into the following sections:
Sl. Contents Page Nos. Nos. A. Factual background 35 B. (i) Analysis of the relevant Amendment to 36
the Constitution, Orders and Circulars
(ii) Summary of timeline of the Circulars and 65 the recruitment process adopted by the Government C. Submissions of counsel 67 D. Analysis 73 E. Conclusion 82 A. Factual Background:
2. The petitioners in these writ petitions are aspirants to the posts of Assistant Engineer and Junior Assistant (Electrical) who have made applications to be recruited pursuant to a Recruitment Notification and are aggrieved by the Circular dated 01.02.2023 by which the State has clarified the manner in which the reservation contemplated under Article 371J of the
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 Constitution of India is to be applied in respect of candidates hailing from the Kalyana-Karnataka region (formerly known as "the Hyderabad-Karnataka region").
B. (i) Analysis of the Relevant Amendment to the Constitution, Orders and Circulars:
3. The Constitution of India was amended for the ninety eighth (98th) time and Article 371J1 was inserted into Chapter- XXI of the Constitution of India, which provides for making of Temporary, Transitional and Special provisions. Article 371J is with respect to the State of Karnataka.
4. Article 371J consists of two parts. The first part i.e., Article 371J (1), provides for the President of India to make an 1 (1) The president may, by order made with respect to the State of Karnataka, provide for any special responsibility of the Governor for -
(a) establishment of a separate development board for Hyderabad-Karnataka region with the provision that a report on the working of the board will be placed each year before the State Legislative Assembly;
(b) equitable allocation of funds for development expenditure over the said region, subject to the requirements of the State as a whole; and
(c) equitable opportunities and facilities for the people belonging to the said region, in the matters of public employment, education and vocational training, subject to the requirements of the State as a whole.
(2) An order made under sub-clause (c) and (1) may provide for -
(a) reservation of a proportion of seats in educational and vocational training institutions in the Hyderabad-Karnataka region for students who belong to that region by birth or by domicile; and
(b) identification of posts or classes of posts under the State Government and in any body or organisation under the control of the State Government in the Hyderabad-Karnataka region and reservation of a proportion of such posts for persons who belong to that region by birth or by domicile and for appointment thereto by direct recruitment or by promotion or in any other manner as may be specified in the order.
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 order in respect of the State of Karnataka and also entrusts for special responsibilities to the Governor in matters of:
a. establishment of a separate development board for Hyderabad-Karnataka region;
b. equitable allocation of funds for developmental expenditure in the said region; and c. equitable opportunities and facilities for the people belonging to the said region in the matters of public employment, education and vocational training.
5. The second part i.e., Article 317J (2), elaborates the purposes that an order made by the President could provide for, and specifies the following:
a. reservation of a proportion of seats in educational and vocational training institutions in the Hyderabad-Karnataka region for students who belong to the said region by birth or by domicile; b. identification of posts or classes of posts under the State Government and also in any body or organization under the control of a State
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 Government in the Hyderabad-Karnataka region and for reservation of a proportion of such posts for persons who belong to that region by birth or by domicile along with consequential appointment thereto, either by direct recruitment or by promotion or in any other manner as may be specified in the said order.
6. Thus, the President was empowered to make an order imposing certain responsibilities on the Governor and the order so made could provide for reservation of a proportion of seats in educational institutions; and for identification, reservation and appointment by direct recruitment or by promotion to a proportion of such posts, for persons belonging to the Hyderabad-Karnataka region.
7. By virtue of the powers conferred under the ninety-eighth amendment, the President of India, vide Notification dated 24.10.2013, made an order titled "The State of Karnataka (Special Responsibility of Governor for Hyderabad-Karnataka Region) Order, 2013" (for short, referred to as "the 2013 Order").
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8. Clause 2 of the 2013 Order cast a special responsibility on the Governor of Karnataka for establishment of a separate development board for the Hyderabad-Karnataka region and for other matters referred to in clause (1) and (2) of Article 371J of the Constitution in respect of that region.
9. On 06.11.2013, by virtue of the powers conferred under the Presidential Order, the Governor made an order titled as "The Karnataka Public Employment (Reservation in Appointment for Hyderabad-Karnataka Region) Order, 2013 (for short, referred to as "the Governor's Order"), which came into force on the same day, and comprised of two chapters. Paragraphs 2 to 5 of the 1st Chapter dealt with the organization of local cadres, allotment of persons, and transfer of persons, while paragraphs 6 and 7 dealt with domicile, and establishment of an authority to issue domicile certificate.
10. Paragraph 3 of the order, which provided for Organisation of local cadres, stated that 75% of the posts in the Hyderabad- Karnataka region in Group A (Junior Scale) and in Group B posts be organised into a local cadre.
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11. In respect of Group C posts, 80% of the posts in the Hyderabad-Karnataka region were to be organised into a local cadre, while in respect of Group D posts in the Hyderabad- Karnataka region, 85% of the posts were to be organised into a local cadre.
12. Firstly, the posts available in the Hyderabad-Karnataka region were to be identified as local cadres in the percentages mentioned above i.e., 75% for Group A (Junior Scale) and Group B posts; 80% for Group C posts; and 85% for Group D posts.
13. Secondly, as under paragraphs 4 and 5, persons holding existing posts were to be organised into local cadres by giving an option to the local persons for being allotted in the local cadre in the region. A provision was also made for persons aggrieved of the allotment made to him, to submit a representation and for its consideration by the competent authority. The region for which a local cadre was organised was also stated to be considered as a separate unit for the purposes of recruitment, appointment, seniority, promotion and transfer.
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14. Paragraph 6 defined "Domicile" of a person from the local region for the purpose of direct recruitment or promotion. Paragraph 7 provided for notification to the competent authority for issuance of a certificate of eligibility to a local person to claim reservation.
15. Paragraph 8, which would be relevant for this case, stated that there should be a reservation made to the extent stated above in the paragraph 3, in matters of direct recruitment or promotion, in respect of posts in the local cadre.
16. Thus, in the local cadres which were to be organised pursuant to the Governor's Order, 75% of the posts in respect of Group A (Junior Scale) and Group B, 80% in respect of Group C posts and 85% of Group D posts were to be reserved for persons belonging to the Hyderabad-Karnataka region for direct recruitment and for promotion. This reservation was made subject to the two conditions imposed in paragraph 8 (4).
17. The other paragraphs of Chapter-I also provided for issuance of directions to the State Government which would be necessary for carrying out the purposes of giving effect to the Governor's Order. Paragraph 10 of the Order stated that the
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 said Order would have an overriding effect on any Rule, Regulation or Bye-Law made before the commencement of the Governor's Order in respect of direct recruitment or promotion to the posts.
18. The 2nd Chapter of the Governor's Order contained provisions relating to State-level offices or institutions or apex institutions, shifting of State-level offices, age relaxation and grace marks in the matter of employment of the local persons, and also for protection and promotion of the rights of local candidates.
19. The Governor's Order was amended by way of a Notification dated 20.01.2014 ("the Amendment Order"), whereby, as against the earlier requirement of the Governor taking action, the State Government was indicated as the authority to take action and implement the Governor's Order in all the relevant paragraphs of the Governor's Order, along with certain other amendments.
20. The Amendment Order also inserted certain paragraphs which enabled the State Government to make rules to carry out the purposes of the 2013 Order, issue a notification to remove
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 any difficulty which may have arisen in giving effect to the provisions of the order, and also provided for a clause which empowered the Government to interpret the provisions of the order and issue clarifications in that regard.
21. On 29.01.2014, the State Government, in exercise of the powers conferred under paragraph 15 of the Governor's Order, framed rules, which were titled "Karnataka Public Employment (Reservation in appointment for Hyderabad-Karnataka Region) (Organization of Local Cadres, Allotment and Transfer of Persons) Rules, 2013 (for short, referred to as "the 2013 Rules").
22. These Rules elaborated for the manner in which the local cadres were to be organized, the manner in which the roster would have to be operated for the purpose of reservation and also notifying the local cadre with the roster. It also provided for allotment of persons to the local cadre along with making rules in relation to seniority and related issues, in addition to shifting of a non-local person from a local cadre. These Rules were basically in respect of persons already holding the posts in
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 the region and would, thus, have no real relevance to the case on hand.
23. To summarise, the Governor, by virtue of the powers conferred under Article 371J, made an order providing for identification of the posts and for reservation of a proportion of the posts for appointment in the Hyderabad-Karnataka region, and the State Government framed rules in the matters of organization of local cadre, allotment and transfer of persons, thereby seeking to achieve the intent of Article 371J in the matter of recruitment and promotion.
24. On 22.05.2015, the State Government issued a Circular issuing four clarifications in relation to the issues that had arisen while implementing the Governor's Order. To this writ petition, only the third clarification would be relevant, and the same reads as follows:
"¸Àà¶ÖÃPÀgÀt 3: ¸ÀܽAiÀÄ ºÁUÀÆ «ÄPÀÄ̽zÀ ªÀÈAzÀUÀ¼À°è ®¨sÀå«gÀĪÀ ºÀÄzÉÝUÀ¼À£ÀÄß vÀÄA§ÄªÀ §UÉÎ C£ÀĸÀj¸À¨ÉÃPÁzÀ «zsÁ£ÀUÀ¼À §UÉÎ.
ªÀiÁvÀÈ ªÀÈAzÀ¢AzÀ ¸ÀܽÃAiÀÄ ªÀÈAzÀ ºÁUÀÆ «ÄPÀÄ̽zÀ ªÀÈAzÀUÀ¼À£ÀÄß ¨ÉÃ¥Àðr¹. PÁAiÀÄð¤ªÀð»¸ÀÄwÛgÀĪÀ ¸ÀܽÃAiÀÄ
- 45 -
NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 ªÀåQÛUÀ½AzÀ DAiÉÄÌ ¥ÀqÉzÀÄ. CªÀgÀªÀgÀ DAiÉÄÌUÀ£ÀĸÁgÀªÁV ºÀAaPÉ ªÀiÁrzÀ £ÀAvÀgÀzÀ°è JgÀqÀÆ ªÀÈAzÀUÀ¼À°è ®¨sÀAiÀÄ«gÀĪÀ SÁ° ºÀÄzÉÝUÀ¼À£ÀÄß £ÉÃgÀ £ÉêÀÄPÁw ªÀÄÄSÉãÀ vÀÄA§ÄªÀ°è £ÉêÀÄPÁw ¥Áæ¢üPÁjUÀ¼ÀÄ ¸ÀܽÃAiÀÄ ºÁUÀÆ «ÄPÀÄ̽zÀ ªÀÈAzÀUÀ¼À°è ®¨sÀå«gÀĪÀ ºÀÄzÉÝUÀ½UÉ KPÀ PÁ®PÉÌ(JgÀqÀÆ ªÀÈAzÀUÀ½UÉ MAzÉà Cfð) CfðAiÀÄ£ÀÄß DºÁ餹. £ÉêÀÄPÁw ¥ÀæQæAiÉÄ ªÀÄÄAzÀĪÀgɹPÉÆAqÀÄ ºÉÆÃUÀĪÀ §UÉÎ £ÉêÀÄPÁw CfðAiÀÄ°èAiÉÄà F PɼÀPÀAqÀAvÉ DAiÉÄÌ ¥ÀqÉAiÀÄĪÀAvÉ DAiÉÄÌ ¥Áæ¢üPÁjUÀ½UÉ ¤zÉÃð²¸À¯ÁVzÉ.
1. ºÉÊzÁæ¨Ázï-PÀ£ÁðlPÀ ¸ÀܽÃAiÀÄ ªÀÈAzÀzÀ «ÄøÀ¯Áw ºÀÄzÉÝUÀ½UÉ DAiÉÄÌ PÉÆÃgÀÄ«gÁ: ºËzÀÄ/E®è.
2. ¸ÀܽÃAiÀÄ ªÀÈAzÀ DAiÉÄÌ ªÀiÁrzÀÝ°è. ¸ÀܽÃAiÀÄ ªÀÈAzÀzÀ°è£À DzÀåvÉ:
(C) ªÉÆzÀ®£É DzÀåvÉ: gÁdå ªÀÄlÖzÀ ¸ÀܽÃAiÀÄ ªÀÈAzÀ (±ÉÃPÀqÀ 8gÀAwgÀĪÀ)/¥ÀæzÉòPÀ (f¯Áè/vÁ®ÆèPÀÄ) ªÀÄlÖzÀ ¸ÀܽÃAiÀÄ ªÀÈAzÀ (±ÉÃPÀqÀ 75/80/85gÀAwgÀĪÀ) (D) JgÀqÀ£Éà DzÀåvÉ: gÁdå ªÀÄlÖzÀ ¸ÀܽÃAiÀÄ ªÀÈAzÀ (±ÉÃPÀqÀ 8gÀAwgÀĪÀ)/¥ÀæzÉòPÀ (f¯Áè/vÁ®ÆèPÀÄ) ªÀÄlÖzÀ ¸ÀܽÃAiÀÄ ªÀÈAzÀ (±ÉÃPÀqÀ 75/80/85gÀAwgÀĪÀ)
3. «ÄPÀÄ̽zÀ ªÀÈAzÀzÀ°è ®¨sÀå«gÀĪÀ ºÀÄzÉÝUÀ½UÀÆ Cfð ¸À°è¸À®Ä §AiÀĸÀÄ«gÁ?:ºËzÀÄ/E®è
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 Note:ºÉÊzÁæ¨Ázï-PÀ£ÁðlPÀ ¸ÀܽÃAiÀÄ ªÀÜAzÀzÀ ºÀÄzÉÝUÉ DAiÉÄÌ PÉÆÃj. Cfð ¸À°è¸ÀĪÀ ¸ÀܽÃAiÀÄ C¨sÀåyðUÀ¼ÀÄ «ÄPÀÄ̽zÀ ªÀÈAzÀUÀ¼À°è ºÀÄzÉÝUÀ½UÀÆ Cfð ¸À°è¸À®Ä CºÀðjgÀÄvÁÛgÉ.
4. ¸ÀܽÃAiÀÄ ªÀÈAzÀ ºÁUÀÆ «ÄPÀÄ̽zÀ ªÀÈAzÀUÀ¼À°è MAzÉà ºÀÄzÉÝAiÀÄ DAiÉÄÌUÉ CºÀðvÉ ºÉÆA¢zÀÝ°è. AiÀiÁªÀ ªÀÈAzÀzÀ ºÀÄzÉÝUÉ DAiÉÄÌ §AiÀĸÀÄwÛÃgÁ?:¸ÀܽÃAiÀÄ ªÀÈAzÀ/«ÄPÀÄ̽zÀ ªÀÈAzÀ.
5. «ÄPÀÄ̽zÀ ªÀÈAzÀzÀ°è ¸ÀܽÃAiÀÄ ªÀÈAzÀQÌAvÀ GvÀÛªÀÄ DzÀåvÉ (better preference) zÉÆgÉAiÀÄĪÀÅzÁzÀ°è «ÄPÀÄ̽zÀ ªÀÈAzÀ DAiÉÄÌ ªÀiÁqÀÄ«gÁ?:ºËzÀÄ/E® è Note:«ÄPÀÄ̽zÀ ªÀÈAzÀzÀ°è DAiÉÄÌ §AiÀĹ £ÉêÀÄPÁw ºÉÆA¢zÀÝ°è. ¸ÉêÁ CªÀ¢üAiÀÄ°è ¸ÀܽÃAiÀÄ ªÀÈAzÀzÀ°è ®¨sÀå«gÀĪÀ AiÀiÁªÀÅzÉà ¸ÀªÀ®vÀÄÛ ¤ÃqÀ¯ÁUÀĪÀÅ¢®è JA§ÄzÀ£ÀÄß ¸Àà¶ÖÃPÀj¸À¯ÁVzÉ."
25. As can be seen from the above clarification, after the exercise of identification of the posts was completed and the persons holding the posts were allotted to the local cadres as per their option, the recruiting authorities, in respect of the remaining vacancies, were required to invite a single application at a time for filling up both the local cadre and the non-local cadre posts, and in that application, they were
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 required to incorporate five options to elicit the choice of the candidates. The options to be incorporated in the application were in respect of the following:
a. As to whether they wished to be allotted under the local cadre;
b. If selected to the local cadre, whether they would give first preference to be in the State-level local cadre (i.e., 8% reservation) or second preference to the Regional local cadre (i.e., the cadre in which 75% or 80% or 85% posts had been reserved for persons from the local region);
c. Whether they wished to apply for the vacancies in the non local cadre also?
i. A note was appended to this option with a clarification that the persons from the local region were also entitled to apply for the non- local cadre;
d. In the event the candidate was selected in the local cadre as well as in the non-local cadre, whether he
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 would opt for the local cadre or the non-local cadre; and e. In the event the candidate got a better preference in the Non-local cadre, whether the candidate would choose to opt for the local cadre or for the non-local cadre.
i. This option was clarified with a note that if a candidate was appointed as per his option to the non-local cadre, he would not be eligible to claim reservation under Article 371J or the benefits provided for under the local cadre.
26. This clarification was, obviously, issued in order to have a singular process of recruitment for both the local and the non- local cadres, and at the same time, also ascertain of the desire of the candidates for allotment, either to the local cadre or to the non-local cadre, on being recruited. Fundamentally, the exercise of this option would enable the cadre controlling authority to make an easy determination of the allotment of persons so selected, as per their choice.
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27. On 16.11.2016, another Circular was issued in which there was a complete rethinking of the earlier concept of having a single application for both local and non-local cadres and with the provisions for giving options to choose the cadre at the very time of recruitment.
28. By the said Circular, it was clarified that the earlier clarification dated 22.05.2015 was to be applicable only in respect of recruitment which were to take place under the Karnataka Public Service Commission Gazetted Probationers Rules.
29. The Circular, more importantly, stipulated that with effect from 16.11.2016, a separate notification for recruitment had to be issued in respect of non-local cadre and local cadre, and the process of selection should also be separately conducted.
30. In respect of recruitment, in which a single notification had already been issued, it was clarified that no option should be obtained from the persons who had applied under the local cadre at any stage till the process of recruitment was completed.
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31. It was lastly clarified that before the select list was prepared from the merit list, the select list was to first be prepared in respect of the non-local cadre, and thereafter, the select list was to be prepared in respect of the local cadre.
32. The effect of this clarification was that, at the time of preparation of the select list, the candidates who were eligible for being recruited under the local cadre were also required to be considered for the vacancies available in the non-local cadre and if they were found eligible to be appointed under the non- local cadre on merit, they were to be selected to the under the non-local cadre. This would, in turn, result in them not being considered in respect of the vacancies in the local cadre, thereby ensuring a larger number of vacancies becoming available to the less meritorious among the candidates of the local region, and as a result provide them a greater opportunity for being recruited.
33. This clarification, fundamentally, resulted in the meritorious among the local cadre to be fitted into the non-local cadre, leaving some room open for a larger number of posts to
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 be made available in the local cadre for the less meritorious from the persons coming from the local region.
34. To illustrate, Assuming 400 posts available for direct recruitment, 300 posts were reserved to the non-local cadre and 100 posts were reserved for the local cadre and in a competitive examination conducted where 500 candidates became eligible, out of which 150 were from the local region, the more meritorious among this 150 would first compete for the vacancies in the non-local cadre and let's say, 50 out of the 150 of the local candidates became eligible for selection on merit in the non-local cadre, then, the remaining 100 candidates from the local cadre would remain for consideration in the local cadre and they would all be fitted into the local cadre.
35. If, on the other hand, the entirety of 150 candidates from the local cadre were asked to compete only for the 100 posts available in the local cadre because of the option that they had exercised at the time of making the application, then the prospects of a larger number of local candidates being selected would get drastically reduced.
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36. Furthermore, and even more importantly, they would be shut out from competing to the posts available in the non-local cadre, which, in turn, would result in the non-local cadre being reserved only for persons not hailing from the Hyderabad- Karnataka region.
37. In other words, people hailing from the Hyderabad- Karnataka region would be virtually pigeon-holed into competing only for the posts available in the local cadre and would be excluded from competing in respect of the posts available in the non-local cadre, and the persons hailing only from the non Hyderabad-Karnataka region would get to compete for the posts available in the non-local cadre and completely exclude the candidates hailing from the Hyderabad- Karnataka region from competing for the vacancies in the non- local cadre.
38. It is to be borne in mind that the 98th Amendment to the Constitution making a special provision for the Hyderabad- Karnataka region fundamentally intended to enhance the prospects for the people hailing from that region in securing employment and the Circular dated 22.05.2015 basically
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 diminished the prospects of such persons from securing employment to a large extent, by reasons of the fact that they were forced to exercise an option under the recruitment notification.
39. On 23.05.2019, the Government issued another clarification that Karnataka Public Service Commission ("the KPSC", for short) and the Karnataka Examination Authority ("the KEA", for short) had to conduct only one competitive examination for both local and non-local cadres. The Circular also clarified that, henceforth, all appointing authorities would also have to conduct a single competitive examination for both local and non-local cadre posts.
40. On 06.06.2020, another Circular came to be issued, by which the Clarification No. 3 in the Circular issued on 22.05.2015, and as well as the two subsequent Circulars dated 16.11.2016 and 23.05.2019 were completely withdrawn.
41. This Circular stated that whenever a direct recruitment for both local cadre and non-local cadre posts was to be made in which candidates were required to give preference to choose different departments which were to be filled up together, the
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 KPSC and the other recruiting agencies were required to issue a single notification and allow candidates to give a single application, and such notification was required to clearly state the number of posts available in the local and non-local cadres along with the reservation-wise classification.
42. The Circular further stated that in such a single application, the candidates were required to state their option to join the local cadre or the non-local cadre, and to facilitate this, 5 options were required to be sought from them:
a. The 1st option was to as to whether they wished to opt for the local cadre;
b. The 2nd option was as to whether they wished to apply for the non-local cadre posts also. i. This was clarified with a note that persons belonging to the Hyderabad-Karnataka region would be eligible to apply both for the local and non-local cadres;
c. The 3rd option required the candidate to state that if he was found eligible for both the local cadre and
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 the non-local cadre, which cadre he would wish to choose; and d. The 4th option required the candidate to state that in the event he secured a better preference in the non-local cadre as compared to the local cadre, whether he would choose the non-local cadre. i. This was clarified with a note, which stated that local candidates who opted for the non-
local cadre and were selected would,
thereafter, not be eligible for claiming
reservation under Article 371J during their entire service.
43. In respect of recruitments to the posts of the same department or the same designation where candidates were not required to state their preference to choose different departments, all the recruiting authorities were required to invite applications by a single notification for both local and non-local cadres and they were required to exercise the following options in their application:
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 a. The 1st option was as to whether the candidates were applying under the local cadre; b. The 2nd option was as to whether they were also applying under the non-local cadre. i. This was clarified by a note that the local candidates were eligible to apply under both local and non-local cadres.
c. The 3rd option was as to whether the candidate, if eligible for selection in both the local cadre and the non-local cadre, then which of the cadres he would choose.
i. This was clarified with a note which stated that local candidates who opted for the non- local cadre and were selected, would not be eligible for claiming reservation under Article 371J.
44. The Circular also stated that in the single recruitment Notification issued for filling up the posts by direct recruitment
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 under both local and non-local cadre, two special instructions were to be mentioned compulsorily:
a. The 1st instruction was that the Hyderabad- Karnataka local persons were eligible to apply for both local and non-local cadre posts; and b. The 2nd instruction was that it was to be clarified in the recruitment notification itself that if the local persons opted for the non-local cadre, they would not be eligible to claim reservation under Article 371J in their entire service.
45. The Circular also stated the steps that were to be taken by various recruiting agencies in respect of recruitment processes which were pending in the following terms:
a. In respect of recruitment processes in which separate notifications for the local and non-local cadres had already been issued as per the Circular dated 16.11.2016 and a single competitive examination was also conducted as per the Circular dated 23.05.2019, in respect of which a select list was yet to be published, it was stated that separate
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 select lists were required to be prepared and finalised. It was also stated that no options were to be taken from candidates who had been selected under both cadres.
b. In respect of the recruitment processes in which a single notification had been issued as per the Circular dated 22.05.2015 and the recruitment process had not been completed as on 06.06.2020, the select list was to be prepared as per para 4 of the Circular dated 16.11.2016 i.e., by first preparing the select list for the non-local cadre, and thereafter, prepare the select list for the local cadre.
46. Thus, by this Circular dated 06.06.2020, the Government basically reverted to the process of selection to the position as contemplated in Clarification No. 3 of the Circular dated 22.05.2015, whereby, local candidates were required to give at the time of applying itself, an option, as regards the cadre which they desired to opt for, if selected. Thus, the earlier procedure which forced a candidate from the Hyderabad-
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 Karnataka region to necessarily choose a cadre and resultantly, reduce his prospects of employment was restored.
47. On 15.06.2022, the Government issued another Circular, whereby it withdrew the Circular dated 06.06.2020. It was stated that due to strong opposition to the Circular dated 06.06.2020 by the local candidates and the representative of the region, the matter had been placed before the Cabinet sub- committee and they had decided to withdraw the Circular dated 06.06.2020. Thus, there was once again a reversal in the manner of recruitment in respect of posts in the local cadre.
48. This Circular dated 15.06.2022 required that, thenceforth, separate notifications were to be issued for recruitment to local and non-local cadre posts, and separate competitive examinations were also required to be conducted. Therefore, a separate process of recruitment for the local cadre and the non-local cadre posts became imperative.
49. It, however, made an exception in the matter of recruitment to the posts of Gazetted Probationers and stated that in respect of the posts of Gazetted Probationers, a single notification mentioning the number of posts available in the
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 local cadre and the non-local cadre, along with the reservation, were to be specified and the four options to be sought are as given hereunder:
a. The 1st option was as to whether the candidate was applying under the Hyderabad-Karnataka local cadre;
b. The 2nd option was whether the candidate was applying for the non-local cadre posts also; c. The 3rd option was, in the event the candidate had opted for selection under the local cadre and was found eligible for selection under both local and non-local cadres, then which category the candidate would choose i.e., whether the local cadre or the non-local cadre; and d. The 4th option was that despite the preference given at the time of the application, if he secured a better preference under the non-local cadre as compared to the local cadre, would he choose to opt under the non-local cadre.
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023
50. It also proceeded to issue a clarification as regards the recruitment Notifications which had been issued after 06.06.2020 and before the issuance of the Circular dated 15.06.2022.
51. The Circular stated that in respect of such notifications for which the recruitment was in progress, the proceedings should continue as per the process detailed under the Circular dated 06.06.2020.
52. Thus, though the State Government decided to resort to the process of issuing separate recruitment notifications, conducting separate competitive examinations and separate recruitment processes for the local and non-local cadres, in respect of cases where the Notifications had been issued between the period of 06.06.2020 and 15.06.2022, the provisions detailed in the Circular dated 06.06.2020 was to be adopted.
53. On 01.02.2023, the Government issued yet another Circular. By this Circular, the last paragraph of the Circular dated 15.06.2022, by which, in respect of the recruitment notifications issued between 06.06.2020 and 15.06.2022, the
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 recruitment process stipulated in the Circular dated 06.06.2020 which was ordered to be adopted, was withdrawn.
54. It also went on to direct all the recruitment authorities not to consider the options exercised by the local candidates in respect of the recruitment notifications issued between 06.06.2020 and 15.6.2022, in cases where the final selection list had not yet been published. A direction was also issued to the recruiting authorities to consider the meritorious local candidates, first, in the non-local cadre, and thereafter, consider their candidature against the local cadre posts.
55. Thus, even in respect of recruitment Notifications which had been issued after 06.06.2020 and before 15.06.2022, the process stipulated in the Circular dated 06.06.2020 was not to be followed and in such cases where the Select list had not been published, the recruiting authorities were to first consider the meritorious local candidates in the non-local cadre, and thereafter, consider them against the local cadre posts.
56. The consequence of this Circular was that the local candidates, notwithstanding the fact that they had exercised their options, had to be necessarily considered on merit, first in
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 the non-local cadre and if they were unsuccessful in securing selection in the non-local cadre, their candidature had to be considered in the local cadre.
57. In simpler words, the position as prescribed in the Circular dated 16.11.2016 was to be adopted in respect of local candidates.
58. As explained earlier, this resulted in the local candidates competing with non-local candidates for the non-local cadre posts and if they became eligible for selection, they were required to be appointed in the non-local cadre and only if they were unable to secure selection in the non-local cadre posts were they to be considered for the local cadre posts. This procedure, as already explained above, resulted in higher prospects of securing selection for the less meritorious amongst the local candidates.
59. It is to be stated here that the Governor's Order, as promulgated initially, did not enable the Government to issue any Circular clarifying the process of recruitment to the local cadre posts. However, by the amendment of 2014 to the Governor's Order whereby paragraph 19 was inserted, the
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 Government became empowered to not only interpret but also issue clarifications regarding the provisions of the Governor's Order. Thus, the power to issue the six Circulars from 22.05.2015 till 01.02.2023, clarifying the manner in which the provisions of the Governor's Order were to be applied, are traceable to the paragraph 19 of the Governor's Order and they would, thus, have legal sanction and authority.
60. In these two sets of writ petitions, KPTCL issued a Recruitment Notification on 24.01.2022 calling for applications under several categories of posts including that of Assistant Engineers (Electrical) and Junior Engineers.
61. Since this Notification was issued post 06.06.2020 and prior to 15.06.2022, the Notification was in compliance with the Circular dated 06.06.2020 and was, thus, a single Notification, which specified the number of posts available under the local and non-local cadres along with the reservation applicable. It also mandated the local candidates to exercise their option under the four options provided i.e., choosing the local cadre, whether the candidate was applying under the non-local cadre
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 also and if eligible for being selected under both, which cadre the candidate would choose.
62. However, in view of the sixth clarification issued on 01.02.2023, the KPTCL was required to ignore the options exercised by the local candidates and it was to first consider their candidature against the non-local cadre posts and if they were unsuccessful in being selected under the non-local cadre, the KPTCL was, thereafter, required to consider their candidature for the local cadre posts.
B(ii) Summary of timeline of the Circulars and the recruitment process adopted by the Government:
22.01.2015 Single Notification issued for recruitment under both local and non-local cadre posts and in the applications, the local candidates were required to exercise their options to choose the cadre. 16.11.2016 Single Notification prescribed earlier was withdrawn and separate notifications were to be issued for the local and non-local cadre posts, and a separate recruitment process was to be
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 undertaken for filling vacancies in the local and the non-local cadre posts.
23.05.2019 Single competitive examination to be held for both local cadre and non-local cadre posts. 06.06.2020 Separate notifications for local and non-local cadre posts procedure prescribed, withdrawn. Single notification process was once again resorted to, with the requirement of calling upon the local candidates to exercise their options to choose their cadre.
15.06.2022 The process of issuing single notifications once again withdrawn and separate notifications were to be issued for the local and non-local cadre posts; and separate examinations also required to be conducted. However, in respect of pending recruitment notifications, the process as prescribed in the Circular dated 06.06.2020 to be followed.
01.02.2023 The clarification in the last paragraph of the Circular dated 15.06.2022 pertaining to following
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 the process prescribed in the Circular dated 06.06.2020 in respect of pending notifications was withdrawn, and a direction was issued not to consider the options already exercised by the candidates in the applications that had been filed as specified in the Circular dated 06.06.2020. A direction was also issued to consider the candidature of the local candidates first under the non-local cadre, and thereafter, under the local cadre.
63. Thus, the State Government has gone back and forth in the matter of clarifying the process of recruitment in respect of the local cadre posts from amongst the local persons in the context of Article 371J.
C. Submissions of Counsel:
64. The petitioners are all candidates from the non-local regions and are aggrieved by this 6th Circular and are, therefore, before this Court contending that once a recruitment notification was issued stipulating a particular process of seeking options from the local candidates and the same was
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 also accepted and adhered to by the candidates, the Government could not then change the selection process and direct that the options exercised were to be ignored and allow their candidature to be considered against the non-local cadre posts also. They contend that this process amounted to "changing the rules of the game midway" and that the same was against the settled principles of law.
65. It is their contention that by choosing to opt for the local cadre, the local candidates had foregone their right to seek appointment in the non-local cadre and this could not be reversed at the instance of the Government by issuing a Circular. They also contend that the fifth Circular dated 15.06.2022 could only be applied prospectively and the sixth Circular dated 01.02.2023 basically enabled retrospective operation of the fifth Circular dated 15.06.2022, and that this was simply impermissible in law.
66. The learned counsels appearing for the Petitioners, vehemently argued and placed reliance on K. Manjushree2, Tej Prakash Pathak3, Salam Samarjeet Singh4, M. 2 K. Manjushree v. State of Andhra Pradesh and Anr., (2008) 3 SCC 512). 3 Tej Prakash Pathak and Ors. v. Rajasthan High Court and Ors., (2013) 4 SCC 540.
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 Surender Reddy5, Sureshkumar Lalithkumar Patel6, Lokesh V.R.7, Megaraja 8 , Rajesh Kumar Daria9, N.T. Devin Katti10.
67. The State, per contra, contends that the issuance of the Circular dated 01.02.2023 was necessary to achieve the true intent of Article 371J and was well within its power conferred under paragraph 19 of the Governor's Order. It contended that the application of the reservation under Article 371J by means of the Circular dated 01.02.2023 was in a manner which gave effect to the constitutional intent and it could not therefore, be termed illegal. The State has placed reliance on M. Surender Reddy (supra), K. Manjushree (supra), Sureshkumar Lalithkumar Patel (supra), T.K. Rangarajan11, M.I. Kunjukunju12, Raj Kumar13, Karunesh Kumar14, R.K. Sabharwal15, Sandeep Choudhary16, Rohit P. Reddy17, 4 Salam Samarjeet Singh v. HC of Manipur and Anr., (2016) 10 SCC 484. 5 M. Surender Reddy v. State of Andra Pradesh, (2015) 8 SCC 410. 6 Sureshkumar Lalithkumar Pate and Ors. v. State of Gujarat and Ors., 2023 SCC OnLine SC 167 7 Sri Lokesh V.R. and Ors. v. The State of Karnataka and Ors., W.P. 6774/2020, HCK - Division Bench.
8Megaraja v. The State of Karnataka and Others., W.P. 204828/2018, HCK - Division Bench. 9 Rajesh Kumar Daria v. Rajasthan Public Service Commission and Ors., (2007) 8 SCC 785. 10 N.T. Devin Katti and Ors. v. KPSC and Ors., (1990) 3 SCC 157. 11 T.K. Rangarajan v. Gov. of T.N. and Ors., (2003) 6 SCC 581. 12 M.I. Kunjukunju v. State of Kerala, (2015) 11 SCC 440. 13 State of H.P. v. Raj Kumar, (2023) 3 SCC 773. 14 State of U.P. v. Karunesh Kumar, 2022 SCC OnLine SC 1706. 15 R.K. Sabharwal v. State of Punjab, (1995) 2 SCC 745. 16 BSNL v. Sandeep Choudhary, (2022) 11 SCC 779. 17 Rohit P. Reddy v. State of Andhra Pradesh, 2013 SCC Online AP 402.
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 Anupal Singh18, K. Shobana19 and Rajesh Kumar Daria (supra).
68. It is also contended that the principle of "changing the rules midway" cannot be applied to the instant case since neither the selection criteria nor the eligibility criteria were touched, and that no candidate was prejudiced by the manner in which the reservation was to be applied. It was stated that both local and non-local persons were required to compete for the non-local cadre posts by taking up the same competitive examination and the mere availing of an option by a local person would not eliminate them from competing with the non- local persons, and therefore, the principle of "changing the rules midway" had no application at all.
69. It was also contended that the State realized the consequence of imposing the requirement of exercising an option to choose the local cadre post, on the local persons, fundamentally resulted in forcing a local person to compete only in respect of the local cadre posts and this, in fact, would be detrimental to their prospect of securing employment, and 18 Anupal Singh & Ors. v. State of UP & Ors., (2020) SCC 173. 19 State of T.N. v. K. Shobana & Ors., (2021) 4 SCC 686.
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 therefore, the doing away or the direction to ignore the option was not illegal.
70. However, an argument was advanced by the petitioners that in the instant case in the case of Assistant Engineers, as a result of considering the candidature of local persons for the non-local cadre posts, as against 106 posts available in the local cadre, only 35 posts had been filled up and there was a shortfall of 71 posts; and having regard to the fact that certain local persons had exercised the option of choosing the local cadre, the authorities could be directed to act on the options exercised and fit them into the local cadre, which would result in some persons hailing from the non-Hyderabad-Karnataka region i.e., non-local persons, to secure employment.
71. Learned Additional Advocate General, however, submitted that the number of candidates called for verification of documents was in the ratio of 1 : 1.5 and that, in all probability after the verification was concluded, the local candidates who had been called would not be able to secure selection in the non-local cadre and that they would have to be considered afresh in the local cadre and then there would be no posts
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 available. It was also contended that even if there was some availability, it would be of a very small number of posts. He submitted that the Governor's Order requires the unfilled posts to be treated as backlog vacancies and to be carried forward to the next recruitment, and in this regard, making available these backlog posts would be an infringement of the Governor's Order, possibly disturbing other reservation posts and resulting in further litigation.
72. It was lastly contended that the law as regards the application of reservation was settled and the persons entitled for reservation would have to be first considered under the general category and if he was selected from the general category, he could not be fitted into the reserved category. It was submitted that only if a person from the reserved category was not entitled to be selected in the general category was he to be considered under the reserved category, and that the State had merely decided to apply this well settled principle of law.
73. The KPTCL, the local candidates and also some of the candidates who are only interested in ensuring that the process
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 of recruitment was concluded at the earliest, put forth the same contentions as that of the State.
D. Analysis:
74. At the outset, it is to be stated that the very objective of amending the Constitution and making special provisions in respect of the Hyderabad-Karnataka region was to, firstly, acknowledge the fact that the Hyderabad-Karnataka region was not as well developed as the other parts of Karnataka and secondly, to make provisions to ensure that it was treated differently and grant incentives to the persons hailing from the region in the matter of providing education and employment (including by promotion to persons hailing from the region) so as to ensure that the Hyderabad-Karnataka region comes out of its backwardness. Thus, any orders made in exercise of the powers under Article 371J would have to be examined and considered keeping in mind this underlying objective.
75. Article 371J, basically, aims to create a situation which provides equitable opportunities and facilities in the matter of public employment. To this end, it enables identification of posts in the Hyderabad-Karnataka region and provides for
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 reservation of a proportion of the posts for persons belonging to the Hyderabad-Karnataka region.
76. The Governor's Order issued pursuant to the Presidential Order, in relation to recruitment either by way of promotion or direct recruitment, essentially enables reservation of a prescribed percentage of posts in favour of persons belonging to that region.
77. The Governor's order, however, does not stipulate the manner in which the reservation is to be applied and this is probably because, at that point in time, when the Governor's Order was promulgated in 2013, the consequences or issues which would arise as a result of the application of reservation in the matter of recruitment was not foreseen or was capable of being foreseen.
78. It is probably for this reason that the State Government proceeded to issue six Circulars, clarifying the way in which reservation was to be applied in the matter of direct recruitment. It is also to be kept in mind that the Governor's Order, as originally promulgated in 2013, did not contain a provision which enabled the State Government to interpret the
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 provisions of the Governor's Order in order to issue clarifications, and it was only by the amendment to the Governor's Order in 2014 that the State was enabled to issue clarifications.
79. The very purpose of providing an enabling provision to interpret and issue clarifications was obviously because it was realized that the Government would face various issues when the provisions of the Governor's Order was to be implemented and the fact that the State Government has issued six clarifications from 2015 is, by itself, a testimony to this fact.
80. As noticed above, Article 371J only provided for reservation of a proportion of the posts to the persons from the Hyderabad-Karnataka region, and thus, the Constitutional intent was to ensure that a proportion of the posts in the region were required to be set apart only for persons from the local region. It was not and it could not be the intent of Article 371J that the persons from the Hyderabad-Karnataka region should be deprived of an opportunity to seek employment to all the posts available in the State, in the same manner as any other person hailing from other parts of the State possessed.
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023
81. The State Government, while inviting applications for both local cadre and non-local cadre posts, was required to enable the local persons to apply for both the local cadre posts and also the non-local cadre posts. The State Government had no authority to restrict the right of the persons hailing from the local region to apply for non-local cadre posts. The State Government, in the guise of obtaining options for allotment in the local cadre, post recruitment, could not obviously deprive the local persons of their right to seek for appointment in the non-local cadre.
82. The State Government, by mandating the exercise of an option by the local persons, was giving them a Hobson's choice. A candidate had to necessarily exercise his option and by exercising his option, he was basically being pigeon-holed into the local cadre and was, thereby, leaving the non-local cadre only for the persons hailing from regions other than the Hyderabad-Karnataka region.
83. If a candidate chose to opt for a non-local cadre post, the chances of him securing employment in the non-local cadre would be lesser if he was not as meritorious as candidates
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 hailing from regions other than that of Hyderabad-Karnataka. A non-local person, by definition, is a person hailing from a developed region as compared to a local person who hails from the Hyderabad-Karnataka region, which is constitutionally recognised as being backward and which needs certain special provisions to uplift it.
84. It is also to be borne in mind that at the time of making the application, a person from the Hyderabad-Karnataka region would be unaware of his own merit and about his prospect of securing a selection under either the local cadre or the non- local cadre, and would, thus, be in a disadvantageous position. It is only after his merit is discovered after the result of the competitive examination is declared, would a local person be in a position to make an informed decision to choose either under the local cadre or the non-local cadre.
85. The State, though went back and forth in the matter of issuing a single notification for both local and non-local cadre posts and issuing separate notifications for both cadre posts, has, ultimately and hopefully, realised that the issuance of separate notifications and adopting separate recruitment
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 processes for the local and non-local cadre posts was more advantageous to a local person hailing from the Hyderabad- Karnataka region and was in line with the constitutional intent underlying Art 371J. This decision of the State Government cannot, therefore, be found fault with. In fact, there is no challenge to this decision of the State Government to issue separate recruitment notifications and have separate recruitment processes.
86. If the principle of issuing separate recruitment notifications and having separate recruitment processes, ultimately results in achieving the true intent of Article 371J, the consequences of the options exercised under certain Notifications, issued between the period 06.06.2020 and 15.06.2022, on the local persons hailing from the Hyderabad- Karnataka region was gravely prejudicial to them and it obviously required the State Government to address them so as to ensure that their chances of securing employment was not adversely affected merely because they were compelled to exercise their choice to choose their cadre at the time of applying.
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023
87. It is for this reason that the State Government has clarified, by the impugned Circular dated 01.02.2023, that even in respect of the notifications issued during the period between 06.06.2020 and 15.06.2022, the options exercised had to be ignored and the local candidates were first required to be considered against the non-local cadre and if they were unsuccessful, their candidature was required to be thereafter considered in respect of the local cadre posts. This decision of the State Government, which was designed to ensure that the chances of a local candidate did not stand diminished by virtue of his forced exercise of an option at the time of making an application cannot be found fault with, at all.
88. Since, in this case, the recruitment notification was issued on 24.01.2022 i.e., between the aforementioned period of 06.06.2020 to 15.06.2022, the same would have to abide by the directions issued in the impugned Circular dated 01.02.2023.
89. The cases relied upon by the petitioners cannot be accepted since the facts in the above-mentioned cases are vastly different and do not relate to the issues involved in the
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 case at hand. In none of the cases, there existed a situation which dealt with the manner in which recruitments made under a provisions similar to Art 371J was involved.
90. In the case of Indra Sawhney20, a 9 judge bench of the Apex Court has declared the law that candidates from reserved category would have to be first considered in the General Category and if they were found eligible for selection in the General Category, they were to be fitted into the General Category and it was only if they were unsuccessful in the General Category could they be considered in the Reserved category. This has also been reiterated in the case of K. Shobana (supra).
91. The impugned Circular dated 01.02.2023 has basically been issued keeping in mind this principle and there can, thus, be no illegality or infirmity in the circular dated 01.02.2023.
92. The arguments advanced that there was a "change in the rules midway" by issuance of the Circular dated 01.02.2023, whilst the process of recruitment was underway and thus, the Circular was illegal, cannot be accepted at all. 20
Indra Sawhney Vs. Union of India, AIR 1993 SC 477.
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023
93. Admittedly, the eligibility criteria for applying remained the same for all candidates and the selection criteria i.e., comparative merit on the basis of the marks secured in the competitive examination, remained the same for all the candidates. Thus, the essential attributes for being considered for recruitment remained unchanged for all the candidates throughout the recruitment process and, therefore, the contention that there were changes in the rules midway, cannot be accepted.
94. In the instant case, the only change brought about is the manner in which the reservation was to be applied for local persons under Article 371J. As stated above, the candidates from the Hyderabad-Karnataka region were admittedly entitled to compete against the persons hailing from the non Hyderabad-Karnataka region and therefore, there was no question of any seats being reduced in the non-local cadre or any change in the seat matrix for persons hailing from non Hyderabad-Karnataka region. The exercise of an option by a local person from the Hyderabad-Karnataka region to opt for his local cadre was only a probability that a post may become available to a non-local person. It is also to be borne in mind
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 that a local person hailing from the Hyderabad-Karnataka region also had a choice to opt for the non-local cadre, if he was found eligible, and thus, the possibility of a post becoming available was a mere chance and this cannot, in any way, be construed as "a change in the rules midway" scenario.
95. In fact, in the case of Anupal Singh21, the Apex Court dealt with an issue pertaining to a change in the number of vacancies initially declared due to a miscalculation of the number of seats, which was different from the number of subsequently corrected vacancies. It has been observed that the doctrine of "Change in the Rules of the Game" only applies when there is a change in the eligibility itself, while the recruitment process is in progress, and not in cases where the vacancies have either decreased or increased. Having considered this, I am of the view that the writ petitions have to be dismissed.
E. Conclusion:
96. For the reasons stated above, there is no merit in these writ petitions, and they are, therefore, dismissed. 21
Anupal Singh & Ors. v. State of UP & Ors., (2020) 2 SCC 173.
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023
97. However, notwithstanding the dismissal of the writ petitions, in my considered view, having regard to the fact that the present imbroglio occurred solely due to the reversal of decisions by the State Government, which gave rise to an expectation for the non-local candidates of securing a chance of an employment, it would be just and necessary, in the peculiar facts and circumstances of this case, to issue certain directions in respect of the vacancies pertaining to the Assistant Engineers posts.
98. It is to be stated here that in respect of the Junior Assistants posts, this situation of posts being vacant in the local cadre does not exist and it is only in respect of the posts of Assistant Engineers there exists a situation where there are vacancies in the local cadre.
99. These directions are being given in the background of the fact that there are posts of Assistant Engineers in the local cadre which are lying unfilled in respect of Assistant Engineers and there are a large number of eligible candidates from the non-local region waiting for employment in the non-local cadre. It is to be borne in mind that we are living in a time where the
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 chances of securing an employment are scarce and by the time the next recruitment takes place, many, if not most of the candidates, would become ineligible. I, therefore, as an extraordinary measure, deem it just and proper, only in case of Assistant Engineer posts, to:
a. Direct the State and the KPTCL to treat this as an exceptional case and ask for a fresh option from the local persons hailing from the Hyderabad-Karnataka region who have been found eligible for selection in the non-local cadre, as to whether they would be willing to opt for the local cadre; b. Direct the KPTCL to consider the local persons exercising such an option to choose the local cadre, and then select them against the posts in the local cadre;
c. Direct, as a result of this opting by the local persons into the local cadre (notwithstanding the fact that they were entitled to be selected to the non-local cadre posts), if corresponding vacancies become available in the non-local cadre posts, the
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 State and the KPTCL shall then offer these vacancies to non-local candidates on the basis of merit;
d. Make it clear that the selection of the local candidates to the non-local cadre shall be made only if they wish to choose the non-local cadre and they shall not be compelled to opt for the local cadre.
e. Make it clear that no local persons who are found in the provisional select list as of now shall be displaced from the list by reason of the local persons opting for the local cadre under the process directed above. If a situation arises wherein a local person may be displaced from the list of the local cadre posts, the persons from the non-local cadre posts who had opted for the local cadre shall be continued in the non-local cadre only. f. Direct that if the local persons are not entitled to be selected to the local cadre posts, they would have
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NC: 2023:KHC:29880 WP No. 4979 of 2023 C/W WP No. 6588 of 2023 to be necessarily considered against the local cadre posts.
g. Direct that in the event it is found that no vacancies arise in the local cadre posts, even after the exercise of options from local persons to opt for the local cadre is concluded, the vacancies shall be carried forward as backlog vacancies, as provided in the Governor's Order.
100. It is once again reiterated that the above mentioned directions are being issued as an exceptional measure given the fact that the situation was brought about by the reversal of the decisions of the State after the issuance of the Notification.
101. Though these petitions are dismissed, subject to the above directions, post these matters for reporting compliance of these directions on 18.12.2023.
Sd/-
JUDGE PKS List No.: 1 Sl No.: 2