Petitioner filed writ petition quashing orders rejecting his application for Constable post in CAPFS due to missing NCC certificate. Court found no vacancy and disposed of petition with liberty to reapply on fresh notification.
Petition disposed of; liberty granted to apply if fresh recruitment notification is issued for Constable post.
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NC: 2024:KHC:45339 WP No. 5765 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 5765 OF 2024 (GM-RES)
BETWEEN:
MR. GURU PRASAD K S S/O SHIVAKUMAR, AGED ABOUT 26 YEARS, R/AT KURUVANGI VILLAGE, KURUVANGI POST, CHICKMAGALURU TALUK, CHICKMAGALURU DISTRICT-577102.
…PETITIONER
(BY MS. CHITHARA B.P., ADVOCATE FOR SRI. T.A. KARUMBAIAH, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:45339 WP No. 5765 of 2024
REPRESENTED BY ITS REGIONAL DIRECTOR, SRI S.N. GIRISH.
(R-4 AMENDED VIDE ORDER DATED 16.04.2024)
…RESPONDENTS
(BY SRI. SHANTHI BHUSHAN H., DSGI)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH THE ORDERS PASSED BY THE R-3 ON DTD 19.01.2024 VIDE ITS F NO.C.210001/56/2023-ESTT WHICH IS PRODUCED AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioner's application for selection and appointment to the post of Constable in the Central Army Police Force was not considered. Since at the time of submitting the application, and also at the time of verification of the documents, the petitioner had not furnished the NCC certificate despite having declared that the holder of NCC certificate was entitled for eight marks in addition to the marks obtained in the competitive examination. Although the petitioner possessed the NCC certificate did not furnish the same along with the application or at the time of verification of the
documents. Therefore, the respondents did not consider the case of the petitioner for appointment to the post of Constable.
Sd/(HEMANT CHANDANGOUDAR) JUDGE
BKM
1 issue framed by the court
Whether the writ petition challenging non-consideration of application for Constable post should be allowed given absence of vacancy and failure to produce required documents at the threshold.
1 provisions across 1 enactments
MR. GURU PRASAD K S
THE GOVERNMENT OF INDIA MINISTRY OF PERSONAL, PUBLIC GRIEVANCE AND PENSIONS
THE DEPUTY SECRETARY (C-1/1) STAFF SELECTION COMMISSION
THE STAFF SELECTION COMMISSION (KARNATAKA -KERALA REGION)
THE CENTRAL ARMED POLICE FORCES (CAPFS)
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
