HIGH COURT OF KARNATAKA Vs. S.M. SHIVABEERAIAH

JUDGEMENT

(1.) This appeal takes an exception to the judgment and order dated 10th July 2019 passed by the learned Single Judge on a Writ Petition filed by the respondent.

(2.) The respondent was appointed as a Civil Judge in Karnataka Judicial Service on the basis of Government order dated 18th March 2014. By order dated 7th February 2015, he was discharged from service in exercise of powers under sub-rule 1 of Rule 6 of the Karnataka Civil Services (Probation) Rules 1977 (for short 'the Probation Rules'). A Writ Petition filed by the respondent for challenging the said order is pending before the learned Single Judge of this Court, in which there is no interim order granted.

(3.) A notification was published on 30th June 2015 inviting applications for direct recruitment to the posts of District Judges. The notification was issued in exercise of powers under Article 233 of the Constitution of India read with the provisions of the Karnataka Judicial Service (Recruitment) Rules 2004 (for short 'the Recruitment Rules'). The respondent applied pursuant to the said advertisement and appeared for the competitive written examination. By a Circular dated 31st July 2015, a list of candidates whose candidature was rejected was declared. The name of the respondent was incorporated in the list of rejected candidates on the ground that he was discharged from judicial service. The rejection was in purported exercise of powers under Clause (b) of Rule 6 of the Recruitment Rules. This order of rejection was challenged by the respondent by filing a Writ Petition before the learned Single Judge in which impugned order was passed. The prayer in the Writ Petition was for quashing the Circular dated 31st July 2015 insofar as the respondent is concerned. A declaration was also claimed that the rejection of the application of the respondent was arbitrary and illegal. A declaration was also sought to the effect that the order of discharging the respondent from judicial service was void ab initio. The last substantive prayer was for issuing a direction that answer scripts of petitioner be sent for a fresh evaluation.