VEENA KODIHALLI Vs. SELECTION AUTHORITY

JUDGEMENT

(1.) The petitioner who is unsuccessful before the Karnataka State Administrative Tribunal, Bengaluru, (for short 'the Tribunal') is before this Court seeking to quash the impugned order dated 16.12.2017 made in Application No.72352017 passed by the Tribunal confirming the selection list dated 11.10.2017 insofar as selecting the second respondent to the post of Secondary School Assistant Teacher Grade-II (English Language Assistant Teacher) under category-IIA (Woman) (Hyderabad Karnataka Quota) and writ of mandamus directing the first respondent-authority to consider the claim of the petitioner by considering the Eligibility Certificate dated 18.08.2015 for the purpose of selection to the post of Secondary School Assistant Teacher Grade-II (English Language Assistant Teacher) under category-IIA (Woman) (Hyedrabad-Karnataka quota). I. Facts of the case

(2.) It is the case of the petitioner that the first respondent issued the Notification inviting the applications for selection and appointment to the post of Secondary School Assistant Teacher Grade-II in the Education Department. Subsequently, the first respondent has issued amended Notification dated 29.09.2016 prescribing the qualification to the posts respectively. The petitioner possessed B.A., and B.Ed., degree and she belongs to category-IIA (Woman) in (Hyderabad Karnataka region) and qualified for the post of Secondary School Assistant Teacher under category- IIA (Hyderabad Karnataka) as per the recruitment notification. It is further case of the petitioner that the first respondent prepared and published list 1.1 for verification. The petitioner being meritorious candidate than the second respondent, in the list, petitioner's candidature was considered under category-II (Woman) (Hyderabad Karnataka region). Accordingly, she appeared before the selection authority on 22.08.2015 for verification of the original testimonials. After verification of the original testimonials, the selection authority has published final list in which the petitioner and the second respondent were not selected since they did not come within the zone of selection. It appears that the last selected candidate under Category-IIA (Woman) (Hyderabad-Karnataka) had forgone her selection. Therefore, the first respondent has released additional selection list on 11.10.2017 in which the second respondent has been selected to the post in question under the aforesaid category.

(3.) Aggrieved by the same, the petitioner submitted objections on 24.11.2017 contending that the second respondent who is less meritorious than the petitioner has been selected. However, the first respondent issued an endorsement dated 28.11.2017 stating that her claim for local person (Hyderabad Karnataka Region quota) is rejected since she has obtained local person Eligibility Certificate from the concerned authorities on 18.08.2015 which is beyond the last date for submission of the applications i.e., 05.05.2015.