Karnataka High Court
Shri Sudharani P Goraguddi D/O Prakash ... vs The Karnataka Public Service ... on 15 July, 2024
Author: S G Pandit
Bench: S G Pandit
-1-
WP NO.104364/2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF JULY , 2024
PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT PETITION NO.104364 OF 2022(S-KAT)
BETWEEN:
SUDHARANI P. GORAGUDDI,
KM
D/O. PRAKASH GORAGUDDI,
SOMASHEKAR AGE. 33 YEARS, OCC. STUDENT,
Digitally signed by K
RESIDENT AT POST KASHI PETH,
M SOMASHEKAR
Location: HIGH
COURT OF
RAMDURG TALUK,
KARNATAKA
DHARWAD BENCH BELAGAVI DISTRICT-591 123.
...PETITIONER
(BY SRI. SHARANABASAVARAJ C., ADVOCATE)
AND:
THE KARNATAKA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
UDYOGASOUDHA, BENGALURU-560 001.
...RESPONDENT
(BY SRI. BASAVARAJ GODACHI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE
APPROPRIATE WRIT ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI TO SET ASIDE/QUASH THE IMPUGNED ORDER, DATED
24/01/2022, PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL, BANGALORE, IN APPLICATION NO.5569/2021
(ANNEXURE-B), AND CONSEQUENTLY ALLOW THE APPLICATION
FILED BY THE PETITIONER & ETC.,
THIS PETITION HAVING BEEN HEARD AND RESERVED ON
24.06.2024 AND COMING ON FOR PRONOUNCEMENT OF ORDER
THIS DAY, S.G.PANDIT J., MADE THE FOLLOWING:
-2-
WP NO.104364/2022
ORDER
The petitioner/applicant is before this Court aggrieved by rejection of her Application No.5569/2021 under order dated 24.01.2022 passed by the Karnataka State Administrative Tribunal, Belagavi1, wherein the petitioner had questioned the rejection of her candidature for the post of First Division Computer Assistant in pursuance of Recruitment Notification dated 25.11.2017 of respondent/Karnataka Public Service Commission2 on the ground that the applicant did not possess necessary prescribed Degree qualification as on the last date of submission of application.
2. Brief facts leading to filing of this petition are that, the petitioner completed her final year BA examination from Karnataka University in June-2014 and accordingly, marks card of 3rd year was issued on 23.07.2014. It is stated that the petitioner had passed 1st year BA in April-May 2012 in Pass class; 2nd year BA in April-May 2013 in Pass class and 3rd year BA (Final) in May-June 2014 in 2nd Class. It is the case of the petitioner that she possessed BA degree from Karnataka University in June 2014. It is further case of the petitioner that as she was not satisfied with the marks obtained in one of the 1 'Tribunal', for short 2 'KPSC', for short -3- WP NO.104364/2022 subject i.e. Optional English, she applied for improvement and wrote examination in the subject of Optional English of 3rd year BA in May-2019 and improvement marks card was issued on 2.8.2019.
3. Respondent/KPSC issued Recruitment Notification dated 25.11.2017 inviting applications from eligible candidates to fill-up various posts including the post of First Division Computer Assistant in Morarji Desai Residential School and in Morarji Desai Pre-University College in the Directorate of Minority Welfare. The last date for submission of application was 28.12.2017. Selection was in terms of Karnataka Civil Services (Direct Recruitment by Competitive Examination and Selection) (General) Rules, 20063. Clause 4.1 of the Notification made it clear that selection to Group-C Technical/Non-Technical posts shall be on the basis of percentage of marks obtained in the competitive examination by applying reservation in force. The petitioner, as stated above, applied for the post of First Division Computer Assistant in Morarji Desai Residential School and in Morarji Desai Pre- University College. Basic qualification prescribed for the post of First Division Computer Assistant in Morarji Desai Pre-University 3 '2006 Rules', for short -4- WP NO.104364/2022 College was, 'any Bachelor's Degree and one year Computer Course Certificate, whereas qualification prescribed for the post of First Division Computer Assistant in Morarji Desai Residential School was, 'any Bachelor's Degree with basic knowledge of computer with "O" level Certificate in Computer Training.' The petitioner applied for the said posts under Category-IIA (Woman), Kannada Medium. The petitioner was called for written competitive examination and in the written competitive examination, the petitioner secured 92.75 percentage of marks. In terms of Annexure-A7, Notice dated 11.06.2020, the petitioner was called for verification of original documents considering her provisional eligibility for the aforesaid posts. The petitioner was placed at Sl.No.10 in the list of First Division Computer Assistant in Morarji Desai Pre-University College called for document verification and at Sl.No.26 in the list of First Division Computer Assistant in Morarji Desai Residential School called for document verification. The petitioner attended document verification on 26.06.2020 and produced all requisite documents. Thereafter, provisional select list was published on 10.3.2021. As the name of the petitioner was not found in the provisional select list, she made representation on 12.03.2021 and in turn, respondent/KPSC issued an endorsement dated 3.9.2021 (Annexure-A13) endorsing that since the petitioner -5- WP NO.104364/2022 has written improvement examination in May-2019, the petitioner had not possessed requisite educational qualification as on the last date of submission of application i.e., 28.12.2017. Hence, candidature of the petitioner is rejected. Aggrieved by petitioner's non-selection and challenging the endorsement dated 3.9.2021 (Annexure-A3), the petitioner approached the Tribunal in Application No.5569/2021. The Tribunal under impugned order dismissed the application of the petitioner holding that the petitioner did not possess necessary prescribed Degree qualification as on the last date of submission of application for the post in terms of recruitment notification. Hence, the petitioner is before this Court in this writ petition.
4. Heard the learned counsel Sri. C. Sharanabasavaraj for the petitioner, learned counsel Sri. Basavaraj Godachi for the respondent/KPSC and perused writ petition papers.
5. Learned counsel for the petitioner Sri. Sharanabasavaraj would contend that non-selection of the petitioner to the post of First Division Computer Assistant in pursuance to the notification dated 25.11.2017 is arbitrary and violative of Articles 14 and 16 of the Constitution of India. Learned counsel would submit that the petitioner completed her Degree in June 2014 and he refers to Degree marks card placed -6- WP NO.104364/2022 on record at Annexure-A14. It is submitted that in terms of Notification dated 25.11.2017 of respondent/KPSC, selection would be in terms of 2006 Rules and based on percentage of marks obtained in the competitive examination. It is further submitted that qualification of Degree is only eligibility criteria for applying to the posts and marks obtained in the Degree is irrelevant. He further submits that irrespective of marks obtained, one should have passed Degree, which would suffice the purpose. Learned counsel submits that since qualifying Degree marks is not taken into consideration, the petitioner's improvement marks is irrelevant and it is to be seen as to whether the petitioner had passed Degree in 2014 or whether she possessed qualification of Degree as on the last date of submission of application for the post pursuant to notification dated 25.11.2017.
6. Learned counsel Sri. Sharanabasavaraj referring to statute of the Karnataka University would submit that if a candidate applies for improvement of his/her marks or grade, in all such cases, grade or marks are considered if there is a progress in such improvement, otherwise original grade or marks shall be retained. Therefore, he submits that when candidate has passed Degree and has only applied for improvement, it is to be construed that such candidate has -7- WP NO.104364/2022 obtained Degree on the original marks obtained. In the instant case, marks obtained in the Degree are irrelevant and selection is only on the basis of marks obtained in the competitive examination. Thus, learned counsel would submit that KPSC lost sight of the fact that the petitioner has passed degree in June 2014 and subsequent examination was taken only for improvement.
7. Learned counsel for the petitioner further submits that the Tribunal also proceeded to consider the case of the petitioner as if the petitioner has passed Degree in the year 2019. The Tribunal lost sight of the fact that the petitioner passed degree in June 2014 itself and subsequent taking of examination is only for improvement. If the petitioner had not obtained improvement marks, marks obtained in the year 2014 would have been retained. Thus, learned counsel would submit that since the petitioner had basic qualification of Degree as on the last date of submission of application, respondent/KPSC ought to have considered candidature of the petitioner for the post of First Division Computer Assistant.
8. Learned counsel for the petitioner would also submit that the petitioner has scored 92.75 percentage of marks in the written examination conducted by the respondent/KPSC and last candidate selected under Category-IIA (Woman) is 80.25 -8- WP NO.104364/2022 percentage of marks. He further submits that since lesser meritorious candidate is selected, the petitioner who is more meritorious having 92.75 percentage of marks is entitled for consideration of her case for selection. Thus, he prays for allowing writ petition.
9. Per contra, learned counsel Sri. Basavaraj Godachi for the respondent/KPSC supports the impugned order passed by the Tribunal and would submit that since the petitioner had taken improvement examination, it is to be considered that the petitioner has passed only in the said examination conducted in May-2019. Learned counsel would further submit that since the petitioner had taken improvement examination, she cannot be considered as possessing degree in the year 2014.
10. During the course of hearing, this Court directed the learned counsel for the respondent/KPSC to get information as to unfilled vacancy position in respect of First Division Computer Assistant in Morarji Desai Residential School and also Morarji Desai Pre-University College. Respondent/KPSC has filed an affidavit dated 10.06.2024 of Secretary, KPSC. The said affidavit states that they had written a letter to the Directorate of Minority Welfare, Bengaluru and in turn, Directorate of Minority Welfare has replied as follows:
-9-WP NO.104364/2022
"With reference to the letter attached in the mail the information related to FDCA post vacancy is as below:
1. For the MDRS FDCA 31 (26+5) posts, an additional selection list of 14 (11+3) candidates has been received in the Directorate out of which only 02 candidates have reported to the post and remaining candidates absent for Document Verification.
2. For the MDR PU College, FDCA 12 (9+3) posts, an additional selection list of 7 (5+2) candidates has been received in the Directorate out of which 2 candidates have reported to the post and for other 2 candidates, appointment orders yet to be issued and remaining candidates absent for Document Verification."
11. On hearing the learned counsel for the parties and on perusal of the entire writ petition papers along with impugned order of the Tribunal, we are of the view that the following question falls for consideration:
Whether the petitioner possessed requisite qualification as on the last date for submitting application in pursuance of recruitment notification dated 25.11.2017 (Annexure-A1)? Answer to the above question would be in the affirmative for the following reasons:
12. Respondent/KPSC by notification dated 25.11.2017 invited applications from eligible candidates to fill-up various posts in the Minority Welfare Department including the post of
- 10 -
WP NO.104364/2022First Division Computer Assistant in Morarji Desai Residential School and Morarji Desai Pre-University College. The last date for submitting the application was 28.12.2017. Qualification prescribed for the post of First Division Computer Assistant in Morarji Desai Residential School is, one must be a holder of any Bachelor's Degree with basic knowledge of computer with "O" Level Certificate in Computer Training, whereas the qualification prescribed for the post of First Division Computer Assistant in Morarji Desair PU College is, one must be a holder of any Bachelor's Degree and must have one year Computer Course Certificate. Marks obtained in the qualifying examination was not the criteria for selection and selection was to be on the basis of the marks obtained in the competitive examination to be conducted by KPSC. Qualification prescribed for the post was only to qualify for writing competitive examination or to participate in the selection process.
13. Admittedly, the petitioner completed three years Degree course from Karnataka University and she has placed on record three years marks card at Annexure-A14. The petitioner passed BA 1st year in April-May-2012 in Pass class; 2nd year BA in April-May 2013 in Pass class and 3rd year BA in May-June 2014 in 2nd class. Thus, she was awarded with degree in April- May 2014 from Karnataka University. The petitioner in order to
- 11 -
WP NO.104364/2022improve her marks applied for improvement in terms of University Statute. The improvement marks card was issued in May 2019, wherein she had improved her marks in Optional English. University Statute called as Regulations Governing the Acts of the Choice Based Credit System (CBCS) for Under Graduate Programmes (General) of Karnataka University, Dharwad provides applying for improvement. Clause 8 of the said Regulations makes provision for improvement of the marks (Grade Point), which provides reappearance for the examination for the concerned course of theory subjects and in such cases, grade points are considered if there is a progress in such improvement examination, otherwise original grade points shall be retained.
14. The above Regulation would mean that on reappearance in the examination for improvement, if one gets improvement marks, that would be considered and if one is not able to get improvement, original marks obtained would be retained. Therefore, in the said circumstances, it cannot be said that a candidate, who applies for improvement would lose original marks or original degree, when applied for improvement in the final year degree. Further, Regulations also make it clear that if a candidate obtains improvement marks, such candidate shall not be eligible for award of rank, gold
- 12 -
WP NO.104364/2022medal or any other award. In the instant case, the petitioner had passed degree in the year 2014 and she had only applied for improvement in one subject i.e., Optional English. Applying for improvement would not mean that she would lose original marks or qualification she has obtained. Though on improvement, the petitioner is issued with fresh marks card in the year 2019, it does not mean that the petitioner had obtained degree in the year 2019. The petitioner had degree qualification in the year 2014 itself and what is given to her in 2019 is only improvement marks sheet. Therefore, it cannot be said that the petitioner had no qualification of degree as on the last date of submitting application i.e., 28.12.2017 and thus, action of respondent/KPSC is arbitrary and unreasonable.
15. Regulation does not require a candidate, who appears for improvement, to surrender his/her marks card. Therefore, marks/degree is not kept in abeyance for such a period of time. Marks/degree would continue to exist and cannot be said to be inoperative, merely because candidate sought to improve his/her marks.
16. The Tribunal proceeded to consider the case of the petitioner, that when the petitioner applied for improvement, she did not herself accept the result, hence, it cannot be said
- 13 -
WP NO.104364/2022that the applicant secured degree in 2014. Therefore, the Tribunal held that the petitioner did not possess necessary prescribed degree qualification as on the last date of submission of application. The approach of the Tribunal is totally misconceived and would not stand to reason. As stated above, the petitioner had passed degree in the year 2014 and subsequently, she applied for improvement, which would not mean that the petitioner had rejected her degree. More so, when Regulations of the University is seen, it makes clear that if there is no improvement, one would retain original marks obtained.
17. Admittedly, selection to the post of First Division Computer Assistant is based on the marks obtained in the competitive examination and in the competitive examination, the petitioner has obtained 92.75 percentage of marks. The petitioner had claimed reservation of IIA (Woman), Kannada Medium. Cut-off marks published for category IIA (Woman) in terms of Annexure-A10 is 80.2500. It is seen that under IIA (Woman) category, candidate who is lesser meritorious than the petitioner appears to have been selected.
18. Learned counsel for the respondent/KPSC contended that the petitioner has failed to make necessary party i.e., last
- 14 -
WP NO.104364/2022candidate appointed under IIA category. Normally, if necessary party is not made, the petitioner would not be entitled for any relief. In the present case, during the course of hearing, this Court directed the respondent/KPSC to furnish unfilled vacancy position in respect of First Division Computer Assistant. Respondent/KPSC has made available the information stating that vacancies of First Division Computer Assistant are available as informed by the Department of Minority Welfare, as indicated above. In that circumstance, if a direction is issued to consider the case of the petitioner, no one would be affected.
19. In the light of the above, we proceed to pass the following:
ORDER
a) Writ Petition is allowed.
b) The impugned order of the Tribunal dated 24.01.2022 passed in Application No.5569/2021 (Annexure-B) is set-aside, so also endorsement bearing No. PSC 16 RT (4) B 2017/733-734 dated 3.9.2021 vide Annexure-A13 issued by the respondent/KPSC is quashed.
c) Respondent/KPSC is directed to consider the petitioner for selection to the post of First
- 15 -
WP NO.104364/2022Division Computer Assistant in Morarji Desai Residential School or Morarji Desai PU College in pursuance of Notification dated 25.11.2017 bearing No. PSC 1 RT (4) B-
2/2017, based on her competitive examination marks i.e. 92.75 percentage of marks under IIA (Woman) category and if she is otherwise eligible, include in the select list for appointment.
d) The above exercise shall be completed
within two months from today.
Sd/-
JUDGE
Sd/-
JUDGE
JTR