G. MANJUNATHA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Rule. Mr. D. Nagaraj, learned AGA waives notice for Respondents No. 1 and 2 and Mr.Reuben Jacob, learned Counsel waives notice for Respondent No. 3

(2.) This petition is filed by unsuccessful applicants before the Karnataka State Administrative Tribunal ("KAT" for short), calling in question it's order dated 9.8.2016 in Applications No. 2954-2959/2014.

(3.) Briefly stated the facts of the case are, by a notification dated 4.8.2009, third respondent - Karnataka Public Service Commission ("KPSC" for short) called for applications from eligible candidates to fill up 101 posts of Sub-Inspector (Excise) as per the Karnataka Civil Services (Competitive Examination to the Ministerial Post) Rules, 1978 and the Karnataka Excise Services (Recruitment) (Amendment) Rules, 2002 ("Recruitment Rules" for short). After the selection process was complete, KPSC published a list of selected candidates on 17.2011. Accordingly, appointment orders were issued. Out of 101 selected candidates, 21 candidates did not report for duty. Second respondent - Commissioner for Excise, by his letter dated 5.7.2012 (Annexure-A5), requested KPSC to send an additional list and the KPSC issued a notification dated 211.2012 (Annexure-A6) notifying 11 candidates. Pursuant thereto, petitioners were called for verification of their certificates between December 2012 - January 201 Even after verification of their testimonials, petitioners did not receive their appointment orders. However, second respondent issued an endorsement dated 30.09.2014 (Annexure A-19) stating that the additional list ceased to be 'operative' simultaneously with issuance of a subsequent notification. Hence, the petitioners approached the KAT inter alia with a prayer to direct the respondents to issue appointment orders and to quash endorsement Annexure 'A-19'.