LAWS(KAR)-2018-9-391

SRI. M.KRISHNAMURTHY Vs. THE DIRECTOR

Decided On September 24, 2018
Sri. M.Krishnamurthy Appellant
V/S
The Director Respondents

JUDGEMENT

(1.) Learned Government Advocate to accept notice for respondent No.1 and file Memo of Appearance in four weeks.

(2.) The petitioner is before this Court assailing the order dated 08.08.2018 passed by the Karnataka State Administrative Tribunal ('KSAT' for short) in application No.618/2017. The petitioner herein was before the KSAT assailing the endorsement dated 07.05.2016 at Annexure 'A9' in the application filed before the KSAT. The KSAT having taken into consideration the rival contention was of the opinion that the endorsement does not call for interference.

(3.) The brief facts leading to the said situation is that the petitioner herein had also applied pursuant to the recruitment notification for the post of Probationary Officer Grade-II in the respondent No.1 - Department. On consideration of the applications received pursuant to the Notification, the process was completed by publishing the select list on 01.02.2013. A total of 54 among the candidates who had participated in the process were declared selected through the said list and the appointment orders were issued on 15.07.2013. Out of the 54 candidates selected, 50 candidates had reported while 4 candidates who were selected did not choose to report. It is in that circumstance the petitioner contending that the vacancies had remained unfilled and since the petitioner had participated in the process would be entitled to the appointment to such vacancies was before the KSAT contending that the consideration of the representation made by the respondents is not in accordance with law. The KSAT however, on taking into consideration Rule 8(4) of the Competitive Examinations and Selection Rules, 2006 (for short 'the Rules') and also the fact situation in the case was of the opinion that the petitioner cannot make such claim for appointment to the said post and has accordingly rejected the application.