Disposed

Sri Yallappa S/O Nagappa Koravar v. the State of Karnataka

Karnataka HC5 Aug 2024WP/107149/2023

Case brief

AI extract

What is this about?

Petitioners challenged a provisional selection list for Loader/Cleaner/Poura Karmika posts in a Town Municipality, apprehending their candidature would be ignored in the final list. The court held no writ lies on mere apprehension and directed the Deputy Commissioner to complete the selection process lawfully, considering all candidatures.

What did the court decide?

Writ disposed; respondent no.3 directed to proceed with selection process in accordance with law considering all candidatures; I.A.no.1/2024 disposed as unnecessary.

Sri Yallappa S/O Nagappa Koravar Vs the State of… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC-D:11016 WP No. 107149 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 5^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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WRIT PETITION NO.107149 OF 2023 (S-RES)

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BETWEEN:

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SRI YALLAPPA S/O. NAGAPPA KORAVAR, AGE: 28 YEARS, OCC: LOADER, R/O: AMBEDKAR NAGAR, SAVADATTI, TQ: SAVADATTI AND DIST: BELAGAVI – 591 126.

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SRI SIDDAPPA S/O. NINGAPPA CHALAWADI, AGE: 51 YEARS, OCC: POURKARMIK, R/O: AMBEDKAR NAGAR, SAVADATTI, TQ: SAVADATTI AND DIST: BELAGAVI – 591 126.

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…PETITIONERS

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(BY SRI NAVEEN CHATRAD, ADVOCATE)

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF MUNCIPAL CORPORATION, M.S.BUILDING, DR. AMBEDKAR VEEDI, BENGALURU – 560 001.

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DIRECTOR OF MUNCIPAL ADMINISTRATION VISHWESHWARAYYA TOWER, BENGALURU – 560 001.

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DEPUTY COMMISSIONER, BELAGAVI – 590 001.

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NC: 2024:KHC-D:11016 WP No. 107149 of 2023

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CHEIF OFFICER, SAVADATTI YALLAMMA PURASABHE, SAVADATTI.

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MANGALA W/O. NEELAPPA KALE, AGE: MAJOR, OCC: OFF SUPERVISOR, R/O: SAVADATTI YALLAMMA, PURASABHE SAVADATTI, TQ: SAVADATTI AND DIST: BELAGAVI – 591 126.

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…RESPONDENTS

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(BY SRI P.N.HATTI, HCGP FOR R1 TO R3; SRI HANUMANTHREDDY SAHUKAR, ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE PROVISIONAL SELECTION LIST DATED 31-08-2023 IN FILE NO. BGM/DUDC/7/CR-01:2022-23 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-F. A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTION TO THE RESPONDENTS TO APPOINT THE PETITIONERS TO THE POST OF LOADERS/CLEANERS/ POURKARMIKA IN THE 4^TH RESPONDENT PURASABHE AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER::

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3 - NC: 2024:KHC-D:11016 WP No. 107149 of 2023

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ORAL ORDER

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Writ petition is filed challenging provisional selection list

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dated 31.08.2023 at Annexure-F and for direction to respondents to appoint petitioners as Loaders, Cleaners, Poura Karmika of respondent no.4-Town Municipality.

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I.A.no.1/2024 is filed by applicants whose names are included in provisional selection list. Though learned counsel for petitioners submitted that writ petition was filed as petitioners apprehended illegal action by respondents to ignore candidature of petitioners while preparing Final Selection List, it is settled law that writ cannot be issued on mere apprehensions especially in case of selection process. Until then, no right accrues in favour of candidates except for consideration of their candidature.

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In view of above, it would be appropriate to dispose of writ petition by directing respondent no.3 to proceed with selection process strictly in accordance with law and by considering candidature of petitioners as well as proposed respondents before issuing Final Selection List, by considering objections filed by petitioners to provisional selection list, if

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NC: 2024:KHC-D:11016 WP No. 107149 of 2023

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any, as expeditiously as possible. In case, petitioners are aggrieved by such Select List, they would be at liberty to question same.

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In view of disposal of writ petition, I.A.no.1/2024 is

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disposed of as unnecessary.

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Sd/(RAVI V.HOSMANI) JUDGE

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CLK CT-ASC List No.: 1 Sl No.: 18

Sri Yallappa S/O Nagappa Koravar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Yallappa S/O Nagappa Koravar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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