PARASHURAM Vs. KARNATAKA INSTITUTE OF MEDICAL SCIENCES

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the constitution of India praying to quash the endorsement bearing No.KIMS/CV(3)/260/2015-16 dated 15.03.2016 Annexure-G issued by the first respondent as arbitrary and unsustainable in law and for a further direction to the first respondent to appoint the petitioner as Junior Laboratory Technician in the first respondent Institute.

(2.) Brieffacts of the case are that the first respondent issued notification calling for applications to fillup the post of Junior Laboratory Technician. The petitioner being Scheduled Caste candidate and being eligible applied for the post of Junior Laboratory Technician. For candidate who belonged to Scheduled Caste category maximum age limit was 38 years as on the last date of submitting the application. One Vasant Kolkar who was over aged i.e. 45 years of age was selected and appointed as Junior Laboratory Technician. Aggrieved by the petitioner s non-selection and appointment of over aged person, the petitioner filed writ petition No.64088/2009 before this Court. This Court by a common order dated 06.03.2012 rejected the writ petition. Aggrieved by the same the petitioner filed Writ Appeal No.30609/2012. This Court by order dated 15.07.2013 allowed the Writ Appeal in the following terms:

(3.) Appointment of third respondent therein i.e. Vasant Kolkar, was set aside as he did not satisfy the eligibility criteria. The contention of the petitioner is that consequent to setting aside the appointment of the said Vasant Kolkar the first respondent ought to have considered the petitioner for appointment as Junior Lab Technician.