MANJULA. M D/O. MUNITHIRUMALLAPPA. N Vs. STATE OF KARNATAKA REPRESENTED BY SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE (MEDICAL EDUCATION) ROOM NO. 341, 3RD FLOOR VIDHAN SOUDHA, BANGALORE-560001 AND RAJIV GANDHI UNIVERSITY OF HEALTH SCIENC

JUDGEMENT

(1.) THIS appeal assails the order of the learned Single Judge dated 17.08.2012, whereby the observations in Manish Kumar Shahi vs. State of Bihar and others (2010) 12 SCC 576 , paragraph -16 in particular thereof, was found applicable to the present case since the petitioner -appellant had appeared in the examination in the general category, she could not now claim that it was a violation of fundamental right to be not considered as an in -service candidate. Learned Single Judge has dismissed the Writ Petition by applying the ratio in Shahi's case. It appears to us that there is a recurring cause of action in the present case inasmuch as the petitioner may desire to appear in the examination to be held in the next year, theoretically as an in -service candidate. The challenge to the classification made by the State, denying her being placed as in -service candidate cannot therefore be foreclosed for coming years also. In these circumstances, while we find no error in the decision of the learned Single Judge who declined to pass any interim order so far as the academic year 2012 -2013 is concerned, will not preclude the challenge for the next academic year. In these circumstances, while dismissing the appeal, we make it clear that the challenge to the policy of the State in the categorization of 'in -service candidate' so far as the academic years in the future cannot be foreclosed merely because she had appeared for the examination pursuant to the academic year 2012 -2013. Accordingly, the petitioner's right to file a fresh petition assailing the classification of in -service candidate is preserved.