GOVERNMENT OF KARNATAKA Vs. MOHAMMED FARUQ

JUDGEMENT

(1.) Though, there is a delay of 100 days in f i l ing the appeal, we have nevertheless heard learned Additional Government Advocate as well as learned counsel for respondent No.1 on merits of the appeal.

(2.) The legal ity and correctness of order dated 20.03.2017 passed by the learned Single Judge in Writ Petition No.82696 of 2013 is assai led in this appeal.

(3.) Brief ly stated, the facts are that the appel lant authorities had issued a notif ication dated 28.03.2012 cal l ing appl ication from el igible candidates for selection to the post of Dalayat. Respondent No.1 herein had submitted his appl ication in category II-B (Minority). The appel lant authorities issued call letters to the eligible candidates for appearing in the interview on 05.09.2012. Since petitioner / respondent No.1 herein did not receive any cal l letter, he approached the Minority Commission. It was contended by the appel lants that despite issuance of cal l letter, the petitioner / respondent No.1 herein had not appeared in the interview. Hence, he was not selected. Respondent No.1 made an appl ication to the Post Off ice, Koppal as to whether the said post of fice has received any letter addressed to him. The Postal authorities issued an endorsement stating that they had not received any ordinary or registered / speed post from the appel lants addressed to the petitioner / respondent No.1 herein between 28.08.2012 to 05.09.2012. In the circumstances, respondent No.1 verified detai ls of the selected candidates and became aware that the selected candidates had secured lesser marks than him in the qual ifying examination. Therefore, he f i led the writ petition seeking a direction to consider his representation dated 25.06.2013 for the purpose of accommodating him as per his merit in the l ist of selected candidates to the post of Dalayat. In fact, he challenged the f inal selection l ist dated 19.10.2012 vide Annexure 'E'.