T K DEVARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Whether in making appointment to a selection post the appointing authority can select and appoint any one among the eligible officers without recording any reason as to why one amongst the several eligible officers is selected, is the precise question of law that arises for consideration in this writ petition filed under Art. 226 of the Constitution of India, in which the legality of the appointment made to the post of Director of Mines and Geology by the State Government, is challenged by the petitioner, who is a Deputy Director in the same Department.

(2.) FACTS : (i) The petitioner was a direct recruit to the post of Geologist. He was appointed in 26-10-1964. Respondent 3 was an Assistant Geologist. He was prompted as Geologist on 26-5-1960. Both were placed in independent charge of the post of Senior Geologist for some time and were promoted as Senior Geologists on 16-7-1976. Thereafter, the petitioner respondent 3 and another were prompted as Deputy Director on 29-7-1977. The seniority of these three officers and others is not finalised though in W.P. 3831 of 1977 decided on 16-6-1978 a direction to fix seniority in accordance with law has been issued after quashing the seniority list published on 19-4-77. By notification dated 18th October, 1978 (Exhibit G) respondent 3 was promoted and appointed as Director. The petitioner has presented this writ petition praying for setting aside the said appointment on the ground that it is contrary to law and has also prayed for the issue of a writ of mandamus directing the State Government to consider his case for promotion to the post of Director.

(3.) T. K. Devaraju 2-2-1933 1-8-1977