M. KESHAVA MURTHY S/O SRI MADIVALAPPA Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF PRIMARY EDUCATION, DIRECTOR OF PRIMARY EDUCATION DEPARTMENT OF PUBLIC INSTRUCTIONS, REPRESENTED BY ITS COMMISSIONER AND DEPUTY DIRECTOR OF PUBLIC IN

JUDGEMENT

(1.) THE Petitioner has challenged the legality and correctness of the order dated 28.04.2006 passed in application No. 1894/99 by the Karnataka Administrative Tribunal (KAT), Bangalore, under which his application has been dismissed.

(2.) THE brief facts of the case are: The Petitioner belongs to Group -2A coming under the category of other Backward Classes. He was born on 15.07.1987. He has passed his pre -university course as also his TCH Course. By notification dated 05.07.1996 applications had been invited for filling -up the posts of Primary School Teachers. The Petitioner had applied for the post of Primary School Teacher under Group -2A corning under the category of other Backward Classes and he was selected. Final selection list was published by 3rd Respondent on 28.11.1996 in which the Petitioner's name stood at Sl. No. 70. When the Selecting Authority was about to issue: Appointment Order, a compliant was filed by his wife -Smt. T. Bharathi alleging that he married her in May 1994 at Pavagada and he had attempted to murder her after taking her to a place on the pretext of getting job to her and this he committed after having married another girl by name Sharada by the end of the year 1994 without her knowledge. In connection with said complaint, Pavagada police registered a case in Crime No. 229/1995 against him for the offence punishable under Sections 307 and 324 of IPC and later, on completion of the investigation, they filed/charge sheet against him before the Jurisdictional Magistrate upon which criminal case came to be registered against him. The said case was committed to the court of Sessions at Tumkur which came to he registered as Sessions Case No. 2/96. In the said case, he was acquitted by judgment dated 31.07.1998. Thereafter, he made a request for issuing appointment order to him to the authorities who issued him endorsement dated 24.02.1999 stating that he is ineligible for appointment as a Primary School Teacher. Since he was deprived of the appointment to the post of the Primary School Teacher by issuing the endorsement dated 24.02.1999 he filed the application before the Tribunal seeking for a direction to hold his selection as valid and appoint him as Primary School Teacher along with consequential benefits from the date of his selection.

(3.) PER contra, Respondents contended that, since as on the date of issuance of appointment order a criminal case had been registered against the Petitioner, he was ineligible for appointment. Furl her as the post which were available a on the date of notification, under which the Petitioner had been selected which was done in the year 1996 has been filled -up and as no post has been kept Vacant under the category -2A and as another selection has also taken place earlier to the date of his acquittal, the Applicant is not entitled to any direction as sought for. Accordingly, they prayed for dismissal of the application.