Karnataka High Court
Sri Charan Singh Hazari vs The State Of Karnataka And Ors on 23 November, 2016
Author: A.S. Bopanna
Bench: A.S. Bopanna
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF NOVEMBER, 2016
PRESENT
THE HON'BLE MR.JUSTICE A.S. BOPANNA
AND
THE HON'BLE MR.JUSTICE B. A. PATIL
WRIT PETITION NO. 203812/2016 (S-KAT)
BETWEEN:
Sri Charan Singh Hazari
S/o Manohar Singh
Aged about 35 years, Occ: Working as Constable(Civil)
Gabbur Police Station
Tq. Devadurga, Dist. Raichur - 584 111
...Petitioner
(By Sudhirsing R. Vijapur, Advocate)
AND:
1. The State of Karnataka
Department of Home
Represented by its Principal Secretary
Vidhan Soudha, Bangalore - 560 001
2. Additional Director General of Police
(Recruitment and Training) and Chairman
Reserve Sub-Inspector of Police (RSI (CAR/DAR)
Selection Committee,
Carlton Bhavan, Palace Road
Bangalore - 560 001
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3. Deputy Inspector General of Police
Department of Employment (Recruitment and
Training ) and Member Secretary
Reserve Sub-Inspector of Police (RSI (CAR/DAR)
Selection Committee,
Carlton Bhavan, Palace Road
Bangalore - 560 001
...Respondents
(By Smt. Archana P. Tiwari, AGA)
This Writ Petition filed under article 226 and 227
of the constitution of India, praying to issue a writ of
certiorari, thereby quashing the impugned order dated
20.04.2016 passed by the Karnataka Administrative
Tribunal in Application No. 8691/2014 as at
Annexure-D to the Writ Petition and directing
respondents to consider the candidature of the
Petitioner to the Post Police Sub Inspector (Civil) under
in Service Category, and appoint the petitioner to the
said post.
This petition coming on for preliminary hearing
this day, A.S.BOPANNA J., made the following:-
ORDER
Learned Government Advocate to accept notice for respondents and file a memo of appearance within four weeks.
2. The petitioner is before this Court assailing the order dated 20.4.2016 passed in Application No.8961/2014 by the Karnataka State Administrative -3- Tribunal ('KAT' for short). The petitioner had applied for the post of Sub-Inspector of Police, which was sought to be filled up as per the Notification dated 2.9.2014. Since the petitioner would fall under the Project Displaced Persons (PDP), his case is that appropriate reservation for the said post in the horizontal category has not been provided and therefore the process of recruitment is not justified.
3. The KAT while considering his grievance that out of 215 posts, 20 posts are set apart for in-service candidates and no posts are reserved for PDP within those 20 posts has examined the issue in the background of the contention which had been put forth on behalf of the petitioner as also the respondents before the KAT. In that regard, the KAT while taking note of the social reservations in favour of SC/ST and OBCs under Article 16(4) of the Constitution of India has also taken into consideration the vertical as well as the horizontal reservations that would be provided in -4- that regard. In that light, through the discussion contained in paragraphs 4 to 6 of the order, the KAT has taken note of the Government Order dated 4.1.2008 under which the reservation had been provided. In that light, the nature of the horizontal reservations made at present as against vertical reservations for the posts based on the first roaster point for PDP was taken into consideration. On that basis, it was appropriately concluded that only if more than 17 posts were available in the selection process, reservation for PDP would have arisen and not otherwise. In that circumstance, keeping in view the Government Order dated 4.1.2008 and on noticing that since only 17 posts were available, the reservation as sought for by the petitioner cannot be provided was of the opinion that the case as put forth by the petitioner would not arise for consideration.
4. In such circumstance, merely because the petitioner contends that the reservation was required to -5- be provided to PDP also by increasing the reservation would not be sustainable when the different categories for which the horizontal as well as the vertical reservation is kept in view and as rightly observed by the Tribunal when the Government order keeping in view the fraction of the posts was also issued and the same has remained in force without being set aside in any other proceedings. The case as put forth by the petitioner cannot therefore be accepted. In that light, when KAT has taken all aspects of the matter into consideration and has arrived at a conclusion, we see no error in the order so as to call for interference in this petition.
Petition being devoid of merits, stands disposed of.
Sd/-
JUDGE Sd/-
JUDGE *ck/-