Karnataka High Court
Sri. Shankarareddy vs State Of Karnataka & Anr on 22 September, 2017
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF SEPTEMBER 2017
BEFORE
THE HON'BLE MRS. JUSTICE S.SUJATHA
WRIT PETITION No.206946/2017 (S-RES)
BETWEEN:
Sri. ShankarReddy
S/o Kista Reddy,
Age: 33 years,
Occ: Nil,
R/o: Kandurmohalla,
Gurumatkal,
Tq: Dist: Yadgiri-585214.
...Petitioner
(By Sri. Veershetty Bakkappa, Advocate)
AND:
1. State of Karnataka
Rep. by its Secretary
Dept. of Technical Education
M.S.Building,
VidhanaVeedhi
Bangalore-560001.
2. The Secretary
Karnataka Public Service Commission,
UdyogaSoudha,
Bangalore-560001.
...Respondents
(By Smt. Archana P. Tiwari, AGA for R-1;
Sri. R.J.Bhusare, Advocate for R-2)
2
This writ petition is filed under Articles 226 and 227 of the
Constitution of India praying to issue a writ of mandamus
directing the respondent No.2 herein to consider the objections
filed by the petitioner dated 19.08.2017 to the provisional
selection list, vide Annexure-F, Further also direct the
respondent No.2 to shortlist the name of petitioner in provisional
selection list, dated 17.08.2017, in the interest of justice and
equity.
This petition coming on for Preliminary hearing this day,
the court made the following:-
ORDER
The petitioner has sought for writ of mandamus directing the respondent No.2 to consider the objections filed by the petitioner dated 19.8.2017 to the provisional selection list vide Annexure-F to the writ petition.
2. That the 2nd respondent herein issued a recruitment notification, notifying various vacant posts in the State and thereby invited eligible candidates to apply for the post. The petitioner applied for the post of Assistant Statistical Officer in the department of Economics and Statistics being eligible for the said post. The 2nd respondent published provisional selection list wherein the name of the petitioner is not figured. It transpires the 3 petitioner has filed objections to the provisional selection list and accordingly he seeks for consideration of the said objections by the 2nd respondent to shortlist his name in the provisional selection list dated 17.8.2017.
3. The learned counsel Sri R.J.Bhusare, appearing for 2nd respondent do not dispute the objections filed by the petitioner on 19.8.2017, however, he submits that the petition is premature. The respondent No.2 is bound to consider the objections in accordance with law. The petitioner has rushed to the Court seeking for a direction from this Court to consider the objections which does not warrant at this stage.
4. Heard the learned counsel for the respective parties and perused the material on record.
5. It is the claim of the petitioner that, he is fully eligible candidate for the post of Assistant Statistical Officer in the department of Economics and Statistics notified by 4 the 2nd respondent as per the notification dated 6.4.2016. It is the apprehension of the petitioner that the objections filed by him dated 19.8.2017 may not be considered by the respondent No.2 pursuant to the provisional selection list published. To allay the apprehension of the petitioner, this Court is of the view that the ends of justice would be met in directing the respondent No.2 to consider the objections filed by the petitioner dated 19.8.2017 in accordance with law.
6. Accordingly the respondent No.2 shall consider the objections filed by the petitioner as per Annexure-F to the writ petition in accordance with law, shortlist the name of the petitioner in the provisional selection list dated 17.8.2017, if he is eligible.
The petition stands disposed of accordingly.
Sd/-
JUDGE *MK