STATE OF KARNATAKA Vs. D R PRAKASHA

JUDGEMENT

(1.) THIS writ petition is filed against the order dated 03-02-2006 passed by the Karnataka Administrative Tribunal in Application No. 2650 of 2005. The petitioners are respondents-1 to 3 in the application which was filed by the 1st respondent herein.

(2.) THE applicant before the Tribunal had applied for the post of police Sub-Inspector (Civil) in the General merit (Rural) and General merit (Kannada Medium) categories. When his name was not included in the select list, he filed the Application before the Tribunal praying to quash the selection of respondents-4 to 6 in the Application and for a direction to respondents-1 to 3 to consider his application for selection to the post of Police Sub-Inspector (Civil) either under General Merit (Rural) or Category 3a (Rural Quota ). The Tribunal found that the applicant was entitled to be considered under General Merit (Rural)and that he was wrongly found ineligible to be considered under General merit (Rural ). Accordingly, the Application was allowed and the official respondents were directed to verify the certificates produced by the applicant and to consider his claim for appointment first under General merit Category and subsequently under Category 3a and pass appropriate orders in accordance with law within a period of one month from the date of receipt of a certified copy of the order. Aggrieved by the order of the Tribunal, the official respondents have filed this writ petition.

(3.) HAVING heard Learned Government Advocate appearing for the petitioners and having considered the materials placed on record, we do not find any merit in this writ petition. The only question that arises for consideration is whether the 1st respondent (applicant before the Tribunal) was entitled to be considered under General Merit (Rural)or in General Merit (Kannada Medium) on the ground that the 1st respondent had studied from 5th Standard to 7th Standard at the Deepu convent School situated at Turuvekere Town, Turuvekere Taluk, tumkur District. The petitioners contend that he was not entitled to be considered under General Merit (Rural ). According to the petitioners, Turuvekere Town is not a rural area. However, it is not disputed that Turuvekere became a Town Panchayat area only in the year 1996 and that prior to 1996, Turuvekere was a rural area. Admittedly, the 1st respondent studied in Deepu Convent School prior to 1996 when Turuvekere was a rural area. Merely because turuvekere subsequently became a Town Panchayat area in the year 1996, the 1st respondent cannot be denied the benefit of being considered under General Merit (Rural) as the school in which he studied was in a rural area when he was studying in the school.