UNION OF INDIA Vs. K H SRINIVASAN

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order of a Division Bench of the Karnataka High Court allowing the writ petitions by directing as follows : "This takes us to the kind of relief that we may grant in these writ petitions, having regard to the subsequent developments brought to our notice. It is seen that if the selection committee were to conduct separate selection process by drawing up separate list to fill up one vacancy that occurred in the year 1998, the appellant alone could have been selected to I.P.S. inasmuch as the other two candidates who could have come under zone of consideration were admittedly found to be unfit. Of the three selected candidates, Sri S.S. Annegowda, Petitioner in Writ Petition No. 14842 of 2001 died during the pendency of the writ petition. Since, the two others including Sri S.S. Annegowda who would have come under zone of consideration with regard to the vacancy that occurred during the year 1998 are found to be unfit, they would be unfit for consideration even with regard to the two vacancies that arose in the year 1999. In that view of the matter, there is no need to disturb the appointment of the two writ petitioners to the I.P.S. viz., K.H. Srinivasan (Petitioner in W.P.No.14837 of 2001) and, H.N.Siddanna (Petitioner in W.P.No.14843 of 2001). In the result, we dispose of these writ petitions, and, in substitution of the impugned order of the Tribunal, we direct the official respondents to appoint the applicant B. Kamalanabhan to the IPS against the vacancy that occurred in the year 1998 with effect from 18.01.2000, the date of the Notification impugned before the Tribunal with all consequential benefits, pecuniary and otherwise, flowing therefrom. In the facts and circumstances of the case, the parties shall bear their respective costs."

(3.) Before the High Court it was urged by the respondents as follows :