STATE OF KARNATAKA Vs. RAVEENDRA BASAVARAJAPPA EMMILABIC

JUDGEMENT

(1.) State has filed this writ petition challenging the legality and correctness of the order passed by the Karnataka Administrative Tribunal, Bengaluru (hereinafter referred to as the 'Tribunal' for the sake of convenience) in Application No.283/2011 (Annexure-C) and in Review Application No.64/2017 (Annexure-D) respectively.

(2.) We have heard learned Additional Government Advocate for the petitioners and learned counsel for respondent No.1 and perused the material on record.

(3.) Brief ly stated the facts are that the 1st petitioner herein issued notification dated 27.02.2009 (Annexure-A1) inviting applications inter alia, for appointment of twenty-two physiotherapists on the establishment of the 2nd petitioner-Department. In response to the same, 1st and 2nd respondents herein applied to the post of Physiotherapists contending that they had the requisite qualification. The said recruitment was made pursuant to Karnataka Health and Family Welfare Services (Recruitment to certain posts) (Special) Rules, 2009 (hereinafter referred to as the 'Special Rules' for the sake of convenience). A Special Recruitment Committee (Committee) was constituted under the said Rules. The eligibility criteria in the form of age and educational qualification were prescribed, the mode of recruitment was notified and as per the schedule to Rules 4 and 6. Insofar as twenty-two vacancies in the post of Physiotherapists (General), the educational qualifications were as under: