NARENDRA BABU G.V. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ appeals arise out of order dtd. 30/1/2023 passed in W.P.No.23752/2022(GM-CC) filed by private respondents/petitioners by which learned Single Judge of this Court while allowing the said writ petition has quashed the provisional selection list dtd.:18/11/2022 insofar it relates to the petitioners being brought under the General Merit category and has directed the petitioners to be treated as belonging to category to which they applied for, qua the caste and income certificates appended to the applications. Further liberty has been reserved to the State to regulate its procedure by continuing recruitment and taking it to its logical conclusion.

(2.) Facts leading up to filing of these writ appeals briefly stated are;

(3.) It is the contention of the petitioners that they belong to OBC category having completed their B.Ed., and D.Ed., and being eligible had applied for the post of teachers in respective subjects under reservation category of OBC through online application and had also submitted necessary documents as sought for. That after accepting the applications the concerned DDPI had invited the petitioners to appear for written and descriptive examination wherein the petitioners secured good score and ranking and were thus qualified for 1:2 document verification. It is further contended that in the notification dtd. 21/3/2022 calling for recruitment for Graduate Primary School Teachers there was no specification provided with respect to production of income and caste certificate of the husband of the petitioners. That on verification of the documents furnished by the petitioners, for some of the petitioners OBC categories was changed to General Merit and for some of the petitioners documents were returned back with no intimation with regard to defect in documents or otherwise. That the concerned DDPI had rejected the caste cum income certificate of some of the candidates on the basis that though they were married, the certificates which they produced had been issued in the name of their father. That some of the candidates had approached this Court by filing the writ petition in W.P.No.22429/2022 and that this Court by order dtd. 15/11/2022 and on 18/11/2022 had directed that the names of the petitioners enlisted therein would be considered under the different categories of OBC and that in spite of the same, the provisional list had been issued without complying with the directions of this Court. That in the said provisional list, names of the petitioners were not included even though they had good ranking and the candidates who are below the petitioners were selected. That on an enquiry the petitioners were informed that the DDPI had rejected their income and caste certificates as they had obtained the same in their father's name. Being aggrieved by the same, the above writ petition is filed seeking the relief as extracted hereinabove.