IN THE HIGH COURT OF KARNATAKA, BANGALORE BEFORE THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY. WRIT PETITION NOs /2012 (S-RES) C/W

Transcription

1 1 IN THE HIGH COURT OF KARNATAKA, BANGALORE DATED THIS THE 8 TH DAY OF JULY, 2014 BEFORE THE HON'BLE MR.JUSTICE L. NARAYANA SWAMY WRIT PETITION NOs /2012 (S-RES) C/W WRIT PETITION NOs.44204, & 41427/2012 (S- RES) IN W.P.NOs /2012: BETWEEN: SRI.NAGESH.C.R., S/O RAMEGOWDA AGED ABOUT 33 YEARS DRIVER OF THE SAFARI VEHICLE AT BANNERUGHATTA NATURE CAMP R/AT: BANNERUGHATTA BANGALORE PETITIONER (BY SRIYUTHS G.BALAKRISHNA SHASTRY, P.BASAVARAJU AND M.S.MANJU, ADVS.,) AND 1. STATE OF KARNATAKA SECRETARY OF TOURISM VIKASA SOUDHA BANGALORE JUNGLE LODGE & RESORT LIMITED (A GOVERNMENT OF KARNATAKA

2 2 UNDERTAKING), NO.49, WEST WING GROUND FLOOR, KHANIJA BHAVAN RACE COURSE ROAD, BANGALORE REPRESENTED BY ITS MANAGING DIRECTOR 3. SADIQUE AHMED S/O BASEER AHMED AGED ABOUT 39 YEARS R/AT: 2556, ARIKATTE STREET LUSKAR MOHALLA, WEST CROSS 22 ASHOKA ROAD, MYSORE AMZAD KHAN S/O HABEEB KHAN AGED ABOUT: 31 YEARS R/AT: NO.77, 11 TH CROSS 1 ST MAIN, SHANTHINAGARA MYSORE NASEER AHMED S/O BHASHEER AHMEED AGED ABOUT 37 YEARS R/AT 2556, ARIKATTE STREET LUSKAR MOHALLA, WEST CROSS 22 ASHOKA ROAD, MYSORE SRI.BOMMA S/O K.MARA AGED ABOUT: 27 YEARS R/AT: MELKAMANAHALLI GIRIJANA COLONY GUNDLUPETE TALUK T.MUTHURAJ S/O THAMMAIAH AGED ABOUT: 33 YEARS R/AT: MUTHATHI VILLAGE BYADARAHALLI POST ALAGUR HOBLI, MALAVALLI TALUK

3 3 MANDYA DISTRICT SRI.VENKATESHA S/O KULLA NANJUNDAIAH C/O REVANNA AGED ABOUT 42 YEARS R/AT: SHIVANASAMUDRA BLUFF B.G.PURA HOBLI, MALAVALLI TALUK MANDYA DISTRIT SRI.K.V.DHANANJAYA S/O BORAIAH AGED ABOUT: 43 YEARS R/AT NO.133, L.G.RAMANNA LAYOUT 2 ND MAIN ROAD, LAGGERE BANGALORE SRI.BASAVARAJA SUBHASH PAI S/O SUBHASH PAI AGED ABOUT 34 YEARS C/O BASAVARAJU S.PAI E.W.S. ROOM NO.6, BASAWESHWARA NAGARA AMBEVADI, DANDELI HALIHALA TALUK, KARWAR DISTRICT SRI.B.S.NANJUNDESHWARASWAMY S/O LATE SIDDAPPA C/O SHANKAR MEDICALS STORE AGED ABOUT: 41 YEARS R/AT: NO. 1 ST BOARD, KUSHALANAGARA KODAGU DISTRICT SRI.LOKESHA.G. S/O B.GOVINDAIAH AGED ABOUT: 34 YEARS R/AT: N.BELATHUR H.D.KOTE TALUK MYSORE DISTRICT SRI.GANESH

4 4 S/O K.RANGA AGED ABOUT: 37 YEARS R/AT: STEEPER COLONY YALANDUR & TALUK CHAMARAJANAGAR DISTRICT SMT.EERAMMA D/O LATE BETTANAYAKA AGED ABOUT 46 YEARS R/AT KARAPURA N.BELATHUR POST H.D.KOTE TALUK MYSORE DISTRICT SMT.GOWRAMMA D/O LATE DASANAYAKA AGED ABOUT 47 YEARS R/AT: KARAPURA, N.BELATHUR POST H.D.KOTE TALUK, MYSORE DISTRICT SMT.CHANNAVVA YELLAPPA JIMBALE D/O YELLAPPA JIMBALI AGED ABOUT: 47 YEARS R/AT ALIYALA ROAD, DHANDELI & POST UTTARA KANNADA DISTRICT ` 17. SRI.CHICKARAJU S/O NINGEGOWDA AGED ABOUT: 47 YEARS R/AT: YAGGANUR, KANAKAPURA TALUK RAMANAGAR DISTRICT SRI.THOMARAJ S/O INYASIMUTHU AGED ABOUT: 38 YEARS R/AT: JAGERI, KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT SRI.YOHANA SHIRAGURI S/O VENKATESHWARA SHIRAGURI

5 5 AGED ABOUT: 43 YEARS R/AT: NO.20, GANDHINAGAR ASHRAYA COLONY, DHANDELI RESPONDENTS (BY SMT. M.S.PRATHIMA, HCGP, FOR R1 SRIYUTHS.G.D.ASHWATHNARAYANA &.MITHUN, ADVS., FOR R2 NOTICE TO R-19 IS HELD SUFFICIENT R3, 6 TO 16 & 18 ARE SD 7 UNREPTD. NOTICE TO R4, 5 & 17 ARE SD BYWAY OF PAPER PUBLICATION) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM PASSED BY THE R2, AS PER ANENXURE-A DATED AS PER ANNEXURE- B. IN W.P.NO.44204/2012 (S-RES): BETWEEN: SRI.BASAVARAJ.H.R. S/O LATE. RANGAIAH AGED ABOUT 34 YEARS GENERAL UTILITY WORKER AT JUNGLE LODGES & RESORTS LTD., PO KYATHADEVARARAYANA GUDI CHAMARAJANAGAR DISTRICT R/AT: HONGANUR VILLAGE & POST CHAMARAJANAGAR TALUK & DISTRICT PETITIONER (BY SRIYUTHS G.BALAKRISHNA SHASTRY, P.BASAVARAJU AND M.S.MANJU, ADVS.,)

6 6 AND 1. STATE OF KARNATAKA SECRETARY OF TOURISM VIKASASOUDHA BANGALORE JUNGLE LODGE & RESORT LIMITED (A GOVERNMENT OF KARNATAKA UNDERTAKING), NO.49, WEST WING GROUND FLOOR, KHANIJA BHAVAN RACE COURSE ROAD, BANGALORE REPRESENTED BY ITS MANAGING DIRECTOR 3. SRI.GANESH S/O K.RANGA AGED ABOUT: 37 YEARS R/AT: STEEPER COLONY YALANDUR & TALUK CHAMARAJANAGAR DISTRICT SMT.EERAMMA D/O LATE BETTANAYAKA AGED ABOUT: 46 YEARS R/AT KARAPURA N.BELATHUR POST, H.D.KOTE TALUK MYSORE DISTRICT SMT.GOWRAMMA D/O LATE DASANAYAKA AGED ABOUT: 47 YEARS R/AT: KARAPURA N.BELATHUR POST, H.D.KOTE TALUK MYSORE DISTRICT SMT.CHANNAVVA YELLAPPA JIMBALI D/O YELLAPPA JIMBALI AGED ABOUT: 47 YEARS R/AT: ALIYALA ROAD, DHANDELI & POST

7 7 UTTARA KANNADA DISTRICT SRI.CHIKKARAJU S/O NINGEGOWDA AGED ABOUT: 47 YEARS R/AT: YAGGANUR KANAKAPURA TALUK RAMANAGAR DISTRICT 8. SRI.THOMARAJ S/O INYASIMUTHU AGED ABOUT: 38 YEARS R/AT: JAGERI, KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT 9. SRI.YOHANA SHIRAGURI S/O VENKATESHAIAH SHIRAGURI AGED ABOUT: 43 YEARS R/AT: NO.20, GANDHINAGAR ASHRAYA COLONY, DHANDELI RESPONDENTS (BY SMT. M.S.PRATHIMA, HCGP, FOR R1 SRI.G.D.ASHWATHNARAYANA, ADV., FOR R2 R3, 4, 5, 6, 8 AND 9 ARE SERVED AND UNREPRESENTED NOTICE TO R7 SERVED BY WAY OF PAPER PUBLICATION) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM PASSED BY THE R2 VIDE ANNEXURE-A.

8 8 IN W.P.NO.43635/2012 (S-RES): BETWEEN: M.MANJUNATH S/O G.C.MADEGOWDA AGED ABOUT 41 YEARS BOLARE VILLAGE AND POST UTTARAHALLI HOBLI BANGALORE 82 (BY S.RACHAIAH, ADVOCATE,)... PETITIONER AND 1. THE MANAGING DIRECTOR JUNGLE LODGE & RESORTS KHANIJA BHAVANA, RACE-COURSE ROAD BANGALORE SRI.HARSHAVARDHANA S.S. S/O SUBHAH.N. NO.1079, 16 TH CROSS CAUVERY CIRCLE, HEBBALA II STAGE MYSORE SRI.G.VENKATESH S/O GURAPPA MATADAHALLI CAMP LAKKAVALLI POST, TARIKERE TALUK CHIKKAMAGALUR DISTRICT RESPONDENTS (SRI.G.D.ASHWATHANARAYANA, ADV., FOR R1 R2 & R3 ARE SERVED AND UNREPRESENTED)

9 9 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SELECTION OF THE R2 AND 3 IN ITS APPOINTMENT ORDER IN ANNEXURE-E DATED IN W.P.NO.41427/2012 (S-RES): BETWEEN: SRI.BASAVANNA S/O MALLAPPA AGED ABOUT 35 YEARS OFFICE ASSISTANT DUBARE ELEPHANT CAMP NANJARAYAPATNA POST KHUSHALNAGAR POST KUSHALNAGAR HOBLI SOMWARPET TALUK COORG DISTRICT (BY S.RACHAIAH, ADVOCATE,)... PETITIONER AND: 1. THE MANAGING DIRECTOR JUNGLE LODGES AND RESORTS KHANIJA BHAVANA RACE COURSE ROAD BANGALORE SRI.MANJUNATHA.S.M. S/O MAYASHETTYGOWDA AGED ABOUT 29 YEARS WORKING AS EXECUTIVE SALES ASSISTANT IN THE OFFICE AT

10 10 JUNGLE LODGES AND RESORTS KHANIJA BHAVANA, RACE COURSE ROAD BANGALORE SOMASHKEAR K.N. S/O NARAYANAGOWDA AGED ABOUT 30 YEARS WORKING AS ASSISTANT ACCOUNTANT IN THE OFFICE OF THE JUNGLE LODGES AND RESORTS KHANIJA BHAVANA, RACE COURSE ROAD BANGALORE MAHESH.N. AGED ABOUT 35 YEARS WORKING AS OFFICE ASSISTANT IN THE OFFICE AT JUNGLE LODGES AND RESORTS, KHANIJA BHAVANA RACE COURSE ROAD, BANGALORE 01 RESPONDENTS ( BY SRI. B.L. SANJEEV, ADV., FOR R1 AND SRI. G.D.ASHWATHNATARYANA, ADV., FOR R1 R-2, 3 & 4 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SELECTION OF THE R2 TO R4 DT ISSUED BY THE R2, VIDE ANNEXURE-F. THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

11 11 ORDER Respondent has issued a notification dated calling for application from the qualified persons to fill up various posts of which these petitioners have applied for the post of Driver, Assistant steward, General utility worker. 2. The petitioners state that they satisfy the requirement as per the notification issued to posts they have applied for. They also received interview letter for which they have appeared and done well and hoped for selection and appointment order. However even after some time they did not get the appointment letter. On verification it is found that several persons have been selected. Hence they made representations to the respondent to find out why they are not appointed. 3. The grounds urged by the petitioners challenging the non selection are that the several

12 12 candidates do not possess the requisite qualification as per the notification and some are age barred. 4. The petitioners in these Writ Petitions No /2012 had applied for the posts of Assistant Driver, Assistant Cook, General Utility Worker. The petitioners confined their prayer only to the post of Drivers and General Utility worker. The respondent has selected respondent Nos.3 to 12 for the post of the drivers, respondents No.14 to 19 for the post of General Utility Worker. Challenge is that the respondent Nos.3 and 5 are age barred and respondent No.6 who is appointed as General Utility worker working as Driver and do not possess requisite qualification. Respondent No.7 only passed 5 th standard and do not possess requisite qualification. Respondent No.8 passed only 2 nd standard, age barred but have been selected. Respondent No.9 is age barred aged about 42 years and not at all entitled to make application. In order to fortify their submission the learned counsel for the petitioners referred Annexure-R6, selection list published on behalf

13 13 of the respondent selecting authority, in which it is stated that for the post of 1 to 8 in General Merit category all of them do not possess the requisite qualification and also they are age barred. For the post of driver in category-i all the 4 persons are age barred and category-ii age barred and category-iii one person is uneducated and age barred and another person is also uneducated and from the general category all the persons are uneducated and age barred, these aspects are admitted by the respondent authorities. The learned counsel for the petitioners submitted that respondents have committed irregularities and regularization terms and further submitted to set aside the selection made and directed the respondents to appoint the petitioners for the posts applied for. 5. Learned counsel for the respondents submitted that as per chapter VI of respondents byelaws Memorandum of Association under Jungle & Resorts Limited, it provides for relaxing the qualification and experience for deserving candidates by the Selection

14 14 Committee constituted by the Competent Authority. Hence he submitted that there are no irregularities committed by the respondent Selection Authority. This has been made clear in the notification itself. Since this aspect has not been challenged or protested at the time of selection. The petition is also dismissed on the ground that some of the selected candidates are not made parties to the proceedings. It is submitted that in respect of one Somashekar who has been selected under general merit is not made party similarly one Nagesh under general merit is not made party to the proceedings and persons by name K.K. Sunderesh, General Merit, Revanna, Nagaraju, Ravi, Naganayak, Rajesh, Srikanth Kobrekar are not made parties to the proceedings. One person belongs to II A and another person under S.C have not been made parties. Hence he submitted that the respondents have not committed any irregularities and prays to dismiss this petition. 6. I have heard the arguments on both sides and perused the entire writ papers.

15 15 7. The notification issued for selection for the post of Assistant Cook, General Utility Worker, Driver the qualification prescribed in the notification is on the basis of bye-laws of respondents in Chapter II of the Jungle Lodges Recruitment Rules The respondent authority has no authority except to select a person who possesses the requisite qualification the age is also a criteria for making selection and it is noticed from the material produced, some persons are age barred. The submission of the learned counsel for the respondents is taken on record. These persons working for a long length of time and while considering their case, the relaxation has to be made which is permissible under rules and bye-laws. Instead of considering whether the case of the respondents is to be rejected or not but as per the case of the petitioner irregularity has been committed in not selecting them to that extent this Court observes the case of the petitioners has to be considered by issuing appointment order. By relaxing the age and qualification as is admissible by assigning

16 16 reasons. This order is passed considering Special facts and circumstances and it cannot be used as a precedent for some other cases who have not approached this Court. With these above observations, these petitions stand disposed of. Sd/- JUDGE HR