Petitioner, a Preraka under the Lokashikshana Scheme aged over the maximum limit fixed in the 2006 Government Order, challenged a 2013 notification for Library Supervisor posts and sought appointment. Court held he had not questioned or sought relaxation of the age criteria; writ petition dismissed.
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NC: 2024:KHC-D:12883 WP No. 106818 of 2014
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAVI V.HOSMANI
WRIT PETITION NO.106818 OF 2014 (S-RES)
BETWEEN:
SHRI TIRUKAPPA S/O. LAKKAPPA PUJARI, AGE: 41 YEARS, OCC: SAKSHARA BHARAT PRERAKARU, GRAM LOKASHIKSHAN SAMTHI, SAKSHAR BHARATH PROGRAMME, GANJIHAL VILLAGE, HUNGUND, TQ. AND DIST: BAGALKOT.
…PETITIONER
(BY SRI N. G. RASALKAR, ADV.)
AND:
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka
NC: 2024:KHC-D:12883 WP No. 106818 of 2014
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, CALL FOR RECORDS AND TO ISSUE WRIT OF CERTIORARI BY QUASHING THE PUBLIC EMPLOYMENT NOTIFICATION ISSUED BY THE RESPONDENT NO.3, CHIEF LIBRARIAN, DISTRICT CENTRAL LIBRARY, BAGALKOT, PUBLISHED IN THE SAMYUKTA KARNATAKA DAILY KANNADA NEWS PAPER, DATED 02.10.2013, AS PER ANNEXURE-K INSOFAR AS THE PETITIONER CONCERNED. TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3, CHIEF LIBRARIAN, DISTRICT CENTRAL LIBRARY, BAGALKOT, TO ISSUE APPOINTMENT ORDER AS A SUPERVISOR IN THE LIBRARY OF GANJIHAL GRAM PANCHAYAT, GANJIHAL, TO THE PETITIONER AS PER THE GOVERNMENT ORDER DATED 27.11.2006, VIDE ANNEXURE-H FORTHWITH AND ETC.,
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
Challenging employment notification dated 02.10.2013 issued by respondent no.3 at Annexure-K and seeking for writ of mandamus directing respondent no.3 to issue appointment order as Supervisor in Library of Ganjihal Gram Panchayat, Ganjihal in terms of the Government Order dated 27.11.2006 at Annxure-H, this writ petition is filed.
satisfactorily, Government of Karnataka had passed a Government Order dated 24.06.2006 sanctioning 2463 Libraries at Gram Panchayats level and 52 Special Libraries in Gram Panchayats at border Taluks. For said Libraries, Government had sanctioned 2515 posts of Library supervisors on honorary payment. Though, Government Order was issued in year 2006 (on which date, petitioner would have been aged 35 years), notification for calling for applications/selection for said posts was issued after much delay on 02.10.2013 at Annexure-K.
was aggrieved by Annexure-K. It was submitted there was no eligible candidate under General Merit category. Therefore, petitioner was seeking direction for his
appointment.
record.
under Lokashikshana Scheme as per Annexure-A, is not in dispute. It is also not in dispute that for appointment of Library Supervisor to Gram Panchayats, respondents had framed requirements and notified same as per Government Order dated 27.11.2006 at Annexure-H. On ground that recruitment in pursuance of said criteria was only in year 2013, by which time petitioner had crossed maximum age limit, petitioner has questioned selection notification. This Court by order dated 25.08.2014 granted an interim order, pursuant to which, entire selection has come to a standstill. Though petitioner’s contention that he was eligible as per criteria fixed in Annexure-H and applied, would not give a cause of action for challenging notification at Annexure-K.
relaxation from upper age limit from respondents. In absence of same, petitioner cannot be permitted to raise grievance insofar as notification at Annexure-K. Since petitioner is ineligible as per criteria fixed in Annexure-H, petition would not deserve consideration. Hence, petition is
dismissed.
Sd/(RAVI V.HOSMANI) JUDGE
EM CT-ASC List No.: 1 Sl No.: 46
2 issues framed by the court
Was the petitioner eligible to challenge the 2013 recruitment notification for Library Supervisor posts when he had crossed the maximum age limit fixed by the 2006 Government Order?
Could the petitioner claim appointment as Library Supervisor in lieu of open recruitment despite being age-barred?
2 provisions across 1 enactments
Tirukappa s/o Lakkappa Pujari
The State of Karnataka, represented by its Secretary to Government Education Department
Director of Libraries, Public Library Department, Government of Karnataka
The Chief Librarian, District Central Library, Bagalkot
The Chief Executive Officer, Bagalkot Zilla Panchayat
Deputy Secretary-1, Bagalkot Zilla Panchayat
Ravi V. Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
