State Of Karnataka vs Mr.J.Venkatesha on 19 October, 2010

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 197'" DAY OF OCTOBER. 2010

PRESENT

THE HONBLE MR. JUSTICE V.G.SABHAI~II'I'_...L

AND

THE HONBLE MRS. JUSTICE B.V.NAO.«x*RIzxfIfIaI$IE - _

WRIT PETITION No.3 1069,/26-IQ  V   A  » I T

BETWEEN:

ISTATE OF' KARNATAKA,
RERBY ITS SECRETARIK,   _  
DEPT. OF PUBLIC INSTRUCTIONS,  T.  
PRIMARY EDUCATION, " I '--  A;  .. *
M.S.BLDG., I3ANOALORE--1.'-  I

2.THE I)EPUTT;pIRECTOR..' _
OF PUBLIC--. INSTRU-C1'IQN.S;I"' 1- ' '
B.P.WADEAROAD,'*__"._ "  
BASAVANA'G4_U'DvI,  " . .
BANGALORE? 5£-30_0O4;_

 * .3.T'IiE*D;IRECTOR"OE--PUBLIC

IN'sI'I'R:ICTI*ONS_,

 NEW "I>U'EI;IC"IOF'I:jICES,

I-3A1'\I(_L_'xAI;OR}F;~  V I '

4.TH'E DEPUTY DIRECTOR OF

 4 REPUBLIC INSTRUCTIONS.
» i  ~ --. V IEANSOALORE RURAL DIST..
 I aI««:.O.ROAD, OPP. TO CAUVERY
" _ BIfIAVAN, BANGALORB2.  PETITIONERS

{BY SMT.SI*IEELA KRISHNA, A.G.A.)

 AND:

SR1 JVENKATESHA.
S/OJANGAPPA. 37 YRS.
NO.496, A".f'I'IBELE.



ANEKAL TALU K.
BANGALORE. ...RESPONDENT

*°I=**°i=

THIS WRIT PETITION IS FILED PRAYING To CALL

FOR THE RECORDS FROM THE KARNATETTQT
ADMINISTRATIVE TRIBUNAL IN APPLICATION N'o§__57'/:iojo2 .

THIS PETITION COMING Oi\_I_...FQR 

DAY, SABHAHIT J., MADE THE FoLLo\VII\fo:¢ "  

This writ petition is fi1ed"I»by the_V_reo.ponvderIt in
Application No.57/ZQOI2./.A'0n  thewfiiavrnataka
Administrative Tribunalf;    (hereinafter,

referred:._Ato--. as .V'VIV"{'A:1-'..')p4'being""aggrieVed by the order dated

18/12 /2009' '   application filed by the

_....Aresp.o;if,idvei'ItV herein_____nas been partly allowed and the

peititionersi herein have been directed to Verify whether

against 2'17§-fafiancies for which reoruitrnent was taken

Cnp oat. main select iist both. S1.No.5 Veerabhadra

  BR. and Si.No.1-4» Sampangappa have been

'V"=____""."isa;ued with appointment order or not. If upon

ulverifioatiora it is found that there are two unfilled posts

and not one as stated in the reply siiaternent then, after

confirming the same in the manner stated herein, the



applicant should be appointed against the second

unfilled post on the basis of his name being includ-e_'cl_la--t"

Sl.No.2 in the additional select list and  

granted three months time from the date-'ulof  ally'

certified copy of the said order for of

aforesaid direction.

2. The respondent'l_l_ 'tiled Application

No.57/2002 contendingavthlat   at Sl.No.2 in
the additional; jrlelsplecitive recruitment
made   post, a person at
Sl.No.   -- was given appointment.

However, '*--though was another vacancy, the

 appljC}antr.was appointed though he was at Sl.No.2

   select list and posts were available for

 The application was resisted by

«the  contending that there was only one vacancy

 llleyiandlt-wherefore, the person at Sl.No.l A.V.Somashekar

 appointed and there is no other vacancy to which

 applicant could be appointed. Since the Tribunal,

after hearing the contention of the learned counsel for

the parties, in the absence of any specific material to





nigh

show that there was only one vacancy amongst 21 posts
filled up in the year 1995 in which. person at S1.N'o.1 of

additional select list has been appointed and-"the

applicant before the Tribunal could u

accommodated as he was at S1.No.2 and fo.if w_a.n't of V'

vacancy, held that an enquiry  bee

whether two vacancies had, occu1*red». as contended. in V'

the application and two perslonfisliiat S1.E\Tos';SV-land  of
the main select list arel'V_ee;':ab,h'a.dra Shastri BR.
and Sampangappa and  been issued

appoinytinleiit aiid'-whefefore, if it is clear that
there  shall be given to the

applicant    at S1.No.2 in the additional

  zBeing§""aggrieved by the said order of the

  "i.8/ 12/2009. this writ petition is filed by

the..pet1tvianie::stat.e.

 have heard the learned A.G.A. appealing for

 _ '' thepetitioner -- State.

4. Learned A.G.A. for the petitioner W State

V submitted that there was only one vacancy which

\;Q:§,./E .



occurred amongst 21 recruitment made and the person

at S1.No.l in the additional select list i.e., Sofnaéhifliealiiflp

has been appointed and the applicantafrwasilwl V'

appointed as there was no vacancy' and 

list has become inoperative.

5. Learned Govt. Advocate'v«also_wants:to rely upon
the original register to show   no vacancies
for appointing the. applicanhtjasl directevdl the Tribunal.

6. We  .clar.ei";1il'~;:Consideration to the
contentiionns 'urged   and scrutinized

the material «on  ' ''-~  " «  

.. 'V The material on record would clearly show that

 at Sl.No.2 in the additional list which

 iiildispute a.nd the fact that the applicant

gat Sl§i\lo";V.1a  the additional list has already been

 tappoii-nted is also not in dispute. However, dispute is as

._.li'r'toAA"é.gvhether the persons at Si. Nos.5 and 14 of the main

llfiselect. list had not been issued appointment order and

according to the petitioner herein they were also

appointed and in View of the said disputed question of

.--
fig
E, F



W6,

fact and in the absence of any conclusive rnateriai
produced by the petitioners herein, the Tribunal has
given a direction to the appeilant to hold an enquiryend
accordingly passed the following order:~ V f

" (i. } The application is partiaiig aiiotU:ed,f:".  i"

(ii) the respondents are direCted'_~v *

verify whether against 21 vacancies   'V, o 

recruitment was taken up o'ttt:"of thefrrtairi '
select' list both Sl.No.5  
BR and Sl.No.1 Sampang.appa 
issued with  _ ff upon

verification it is found   are two

ufijiiied     stated in the
reply"    after confirming the
sarruecl in theft' stated herein, the
4;appiicant=.  be appointed against the

' V-':,._fserfor1d,. iirifiiiedmpvost on the basis of his name

V  'V at Sl.No.2 in the additional
 Time for compliance is three
 ntahthvsifroni the date of receipt of a certified

T copy' of this order."

V * ._  It is clear from the above said order that liberty

it   .i,s..§iVen to the petitioners herein to hoid an enquiry and

 "thereafter, give effect to the order of the Tribunal and

give an order of appointtment: to the respondent herein

a,<2X/E.



only if found that two vacancies occurred anti

wherefore, it is open to the petitioners to 

enquiry and take action in accordance with  1 "

not find any error or illegality as vt0"'cail for 

in this writ petition.

9. Accordingly, the '=p:ctif;iori  disposed of
with the above said obseri"ations_.'  "  

    .....