MEERA RACHAPPA ALUR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner was appointed as Assistant Commissioner for Commercial Taxes. It is the grievance of petitioner that she was a candidate belonging to category III -B Therefore, the selection list should have been prepared by treating her as a candidate of III -B category. It is the grievance of petitioner that she had sought for time to produce III -B category certificate when she appeared for personality test on 19.01.2006. The time was not granted. After the personality test she submitted the certificate. Therefore, her certificate should have been taken into consideration to prepare the merit list in which event the petitioner would have been posted as Assistant Commissioner (Department of Revenue). It is the contention of the petitioner that she has more promotional avenues and chances in the revenue department than in the Commercial tax department in which she is presently working as Assistant Commissioner.

(2.) WE have heard the learned counsel for parties and gone through the records and the notice of personality test issued to petitioner which reads thus:

(3.) THE learned Members of the Tribunal following the judgment of Kerala High Court in W.P. No. 29243/2004 (in the case of V. Swadathan Pillai K Vs. Kerala Public Service Commission and another) have held that the candidate appearing for an interview has to comply with the notice of interview and should appear for personality test with the requisite testimonials/certificates. The learned Members of the Tribunal have held that petitioner has to blame herself for her failure to produce original III -B category certificate at the time of personality test on 19.01 2006. The learned Members of the Tribunal have also relied upon the decision of this Court in W.P. No. 15384/1998 dated 28.03.2000 wherein this Court has held: