High Court Karnataka High Court

C R Ashok vs State Of Karnataka on 30 June, 2008

Karnataka High Court
C R Ashok vs State Of Karnataka on 30 June, 2008
Author: Ajit J Gunjal
 

IN THE HIGH COURT 0}? KARNATAKA AT BANC;;?V*:I@ Tf§."E"   
DATED THIS THE sow my OI_?'.J{_}_NE 2'G"Qs1L %%    

BEFORE

THE HON'BLI+3 MR. JUST2'¢E'~AJI'FAJ.  

WRIT PETITION N.Q.91'62u]2OG8'(S§Res) 

BETWEEN :

C.R.Ashok,     
S/e.C.G.Rangapp.-5-L,'  '    .
Aged about 33 j¢ears~,_ ' .   :
Residing at    "

Navile Post,"'BaLg"ur?Hob1Ej,' _  _
Chammmyapama 'I':a1'2;z1'<",%  .. ' '

Hassan District. -  *  _    ...PETI'I'IONER

(By S1_fi.T.  Mgiixatitéshg "}kd'v.)

1. Stat:5;.ofAI{é1rn'aLa1;;3,

 2 L» Educatien 'fiiépaiiment,

   M.S.B1_1fldiI1g,j'.~'

 Dr.B.R.Ambcdkar Road,

% ~ ~  .Banga1ore.__" 560 001

' K?:2preLs¢:nted by its
"'Secre£.n1y.

.:' ibfiputy Director of
A "Public Instructiens (Adam),

" Davangere District,
Davangcre.



 

 

3. The Deputy Commissioner,
Hassan District, Hassan.

{By Sri.S.Z.A.K11ureshi, AGA)

. . .RESPONQA.§_;fi"Fe'4eI'  

This writ petitiozl is flied undeif  of' 
Constitution of India with a, prayer "to quash'v the 

_V .2008, issued 
R2, vide Annexure 'E' pursuant'-i.to ah ._iefte:--' dated
10.6.2008 issued by the R3, vide .£L',iV*1.*v}'(i,"i}_,i.I'f3  L  

impugned endorsement dated 2'5.'€.i6

This writ petitiozi  preliminary

hearing, this day, the Court niagdefthe 
5i:}oRpee;hihVJ

The ;,:_  Annexure 'E'.
Piirsuant {to a  ~  respondents have

rejected the” of the petitioner for
that he does not satisfy the

fequixfementivof themember ef the family.

2. ‘Thev__ma,i:i:’ef arises in the following manner:

eizteiit of 21 guntas in Sy.No.261/1 & 2 of

V’ ‘V’llié.ge, which belongs to the grand father of the
was submerged in the Hemavathi Left Bank
«i.i,13r§jecz in the year 1988-89. The ease of the petitioner

that himself, his father, mother, brother ‘ and his

fl:

‘ mean the family

-3-

grand father are living together. An application .4 V.

by the petitioner seeking an appointment on ‘ 1

that he is the Grand son of the dispia”ced.. A

is entitled to be appointed in *

respondent.

3. Mrlviahantesh, ‘appearing for

the petitioner submits under

Ruie 9 of é (General
Recruitment) other persons,

which Wouid son aiso.

4. To appreciate contention, it is necessary to

.2. of iiie”‘Kamataka Civil Service (General

Iéecruitinent) Ruies, 2000. The members of

the to a project displaoed person

of the project displaced person

of such person and his or her spouse, sons,
2 daughters, brothers and sisters residing with
‘V 4’ and dependant on him for their livelihood. A

iipemsal of the Definition of members of the famiiy does

not include the grandson. Hence, the endorsemenTt’»s.

issueé at Annexure ‘E’ cannot be faulted.

5. The contention of the petitioner

acceiflted inasmuch as the A’ it

displaced person would dlisplaceéi}

himself, his wife, brothe1fs,.. ‘;;’esi{li11g
with him and dependant tivelihood.
Indeed, it is not father is
still alive. It is son, who can
seek an The gandson
certainly not’ ‘to. play.

6. fisving ts Rules, I am of the View
entlomement cannot be faulted.
petition.

Petition rejected.

£iut_ heivever, it is open for the petitioner to seek

in any other category, if it is permissible

law. fix

_/

7. Mz’.S.Z.A.Khuresh’1, learned AdditioI1.-;;1′..:’:”‘._V_

Government Advocate ap13€ar’n1g for the r6Spond613iS’ ff. : .5: .

permiited to file memo of appearance within f011i”‘:v£é:c=,i{S;~:: ‘- _