DEVARAJE GOWDA R. Vs. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, THE MEMBER SECRETARY, SELECTION AUTHORITY OF PANCHAYAT DEVELOPMENT OFFICER AND DIRECTOR OF RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT AND THE CHIEF EXECUTIVE OFFICER AND

JUDGEMENT

(1.) THE petitioner has challenged the common order passed by the Karnataka Administrative Tribunal on 29th August 2012 in Application No. 1433/2010 and other connected matters where the Tribunal held that multiple answers enures to the benefit of the candidates and therefore, awarding of marks to each of the multiple option was the appropriate step and cancelling the evaluation and select list is not the proper course of action as only a few of the questions have multiple answers. In fact the writ petitions filed challenging the said order are already dismissed by this Court by its order dated 5th April, 2013 in W.P. No. 43774/2012 and connected matters by a considered order as under:

(2.) IN this writ petition, the learned counsel wants to urge an additional ground, which was also heard before the Tribunal. That is, the examination was conducted District wise. According to him, the examination should have been conducted State wise. The reservation was provided District wise. According to him the reservation should have been provided State wise basis and in support of the contention, he relies on two judgments of the Apex Court. However, it is well settled law that if really the petitioner was aggrieved by the said reservation, he should have challenged the very notification. He did not do so. He filed an application in pursuance of the notification. It is only when he was not selected, he has approached the Tribunal raising that objection by filing an application. In terms of the notification, he has acquiesced with the said stipulation of the notification, he is estopped from challenging. In that view of the matter, we do not see any merit in that contention also. Accordingly, the petition is dismissed.