LAWS(KAR)-2013-5-75

STATE OF KARNATAKA Vs. S JAHNAVI

Decided On May 27, 2013
STATE OF KARNATAKA Appellant
V/S
S JAHNAVI Respondents

JUDGEMENT

(1.) This writ petition by the state of Karnataka is directed against the order dated 21-11-2012 passed by the Karnataka Administrative Tribunal, Bangalore in Application No 614 of 2010, an application filed by the respondent in this writ petition, and allowing the application, by quashing the endorsement dated 7-1-2010 bearing No ME 44 xxx xxx xxx, issued to the respondent by the state government, declining to issue an appointment order in favour of the respondent for the reason that the appeal filed by one Smt Rajashree Yamanappa Nayak, against the validation of the caste certificate issued by the district caste verification committee in favour of the respondent is pending before the appellate authority.

(2.) Respondent was an aspirant for appointment under the State and had written an examination conducted by the Karnataka public service commission in respect of selection to the posts of gazetted probationers group A and B posts. The respondent had been selected to the post of deputy superintendent of police [Group-A] and had been recommended for appointment to be made by the state government. Respondent had applied against a post reserved in favour of a person belonging to scheduled tribe [woman] and her candidature was considered under this category.

(3.) State government has not issued appointment order in favour of the respondent, mainly for the reason that there was a dispute about the caste validity certificate issued in favour of the respondent; that the certificate validating her caste as issued by the district caste verification committee, Bangalore district, was questioned by a private person by name Smt Rajashree Yamanappa Nayak, by filing an appeal to the appellate authority and that the matter is pending before the appellate authority and therefore pending disposal of the appeal, there was no need to issue an appointment order in favour of the respondent.