H.M. MALLASETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner filed a present writ petition seeking for issue of writ of certiorari to quash the order dated 25.06.2014 Annexure-F and the order dated 26.08.2002 Annexure-K by respondent No.2 and consequently the notice issued by respondent No.3 dated 14.07.2014 Annexure-G with a direction to consider the order dated 27.03.2000 Annexure-C passed by the Appellate Authority and to grant all benefits.

(2.) It is the case of the petitioner that on 15.07.1993 the 3rd respondent issued notification notifying the names from the Employment Exchange for recruitment of Assistant Teachers. After following the due procedure the 3rd respondent appointed the petitioner as an Assistant Teacher under OBC Group-B reservation on 14.06.1994. The 3rd respondent upon forwarding the reservation claim of the petitioner for issue of validity certificate, the 2nd respondent-District Officer, Backward Classes Welfare Department, Mysore District, Mysore rejected the same on 18.03.1995. Against which, an appeal was filed before the Appellate Authority- Divisional Commissioner. After hearing the parties, on 30.12.1996 the Divisional Commissioner allowed the appeal, set aside the order passed by the 2nd respondent and remanded for fresh consideration.

(3.) On remand, once again the 2nd respondent rejected the claim of the petitioner on 17.02.1997. Thereafter, the petitioner filed the appeal in RA:CCI- 12:97-98 before the Appellate Authority, which after considering the entire material on record and considering the Government Order dated 27.03.2000 declared that the annual family income of the petitioner as on that date was less than Rs.10,000/- also declaring that the petitioner is eligible for reservation under OBC Group-B category and set aside the order of the Committee. The said order has reached finality.