Fakeerappa Vs the State of Karnataka and Ors.

INSTITUTION SOCIETY, (A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT) AN ORGANIZATION OF SOCIAL WELFARE DEPARTMENT NO.8 MSB-1 6TH AND 7TH FLOOR CUNNINGHAM ROAD BANGALORE-5600052.

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THE KARNATAKA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY UDYOG SOUDHA PALACE ROAD BENGALORE-560001.

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SUBBANNA S S/O KNOWN AGED ABOUT 30 YEARS OCC: NIL, RESIDING AT GOLA LINGAMMAHALLI VILLAGE AND POST SANDUR TALUKA, BELLARI DISTRICT - 583112.

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BABU

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S/O TUKARAM AGED ABOUT 35 YEARS OCC: NIL AT: POST: DESAI KALLUR TQ: AFZALPUR DIST: KALABURAGI-585301.

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JADEPPA H S/O SANNAFAKKERAPPA AGED ABOUT 46 YEARS OCC: NIL NO. 15 GONAL VILLAGE, SUGGENAHALLI POST, BELLARY DIST: HOSPETE TALUKA BELLARY-583129.

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SHIVARAJ DEVAPPA S/O NOT KNOWN AGED ABOUT 35 YEARS OCC: NIL, DANDAMBALLI #4-9

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HC-KAR

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BUDDHA NAGAR BIRANUR TQ: SHAHAPUR DIST: YADGIRI-585304.

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SANTOSH KUMAR B S/O NOT KNOWN AGED ABOUT 42 YEARS OCC: NIL, H NO.127 FIRST FLOOR SUVARNAKAMALA OPP: CADA OFFICE, MALAVAGOPPA SHIVAMOGGA -577222.

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SANTOSHKUMAR S/O NOT KNOW AGED ABOUT 36 YEARS OCC: NIL PLOT NO. 61 SHIVA NILAYA, SAI LAYOUT, SHAKTI NAGAR KALABURAGI-585103.

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…RESPONDENTS

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(BY SRI.MALLIKARJUN C BASAREDDY, GA FOR R1; SRI. KURPA SAGAR PATIL, ADVOCATE FOR R2; SRI.R J BHUSARE, ADVOCATE FOR R3; SRI. SANTOSH B. PATIL, ADV. FOR R4 TO R9)

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THIS WRIT APPEAL FILED U/SEC.4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO A) CALL FOR THE RECORDS IN WRIT PETITION NO.202012/2021 (S-RES) ON THE FILE OF LEARNED SINGLE JUDGE OF THIS HON’BLE COURT. B) SET ASIDE THE ORDER IMPUGNED DATED 20.09.2023 PASSED IN WRIT PETITION NO.202012/2021 (SRES) IN SO FAR AS CONCERNING HIM AND ALLOW HIS PETITION. IN WA NO.200080/2024

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BETWEEN:

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SRI.SHIVKUMAR S/O :MARUTHI

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HC-KAR

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AGED ABOUT 35 YEARS OCC; NIL, R/O VITHALPUR POST MEENKERA TQ : CHITGUPPA, DIST:BIDAR- 585227. NOW AT R/O MEENKERA TQ. CHITGUPPA DIST: BIDAR-585 227.

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…PETITIONER

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(BY SRI. MAHESH PATIL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF SOCIAL WELFARE M S BUILDING, BENGALURU-560001.

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THE EXECUTIVE DIRECTOR KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY (A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT) AN ORGANIZATION OF SOCIAL WELFARE DEPARTMENT, NO.8, MSB-1 6^TH AND 7^TH FLOOR CUNNINGHAM ROAD, BANGALORE-560052.

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THE KARNATAKA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY UDYOG SOUDHA, PALACE ROAD BENGALORE-560001.

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NAGARAJ AGED ABOUT 32 YEARS OCC: NIL R/O. NAGARAGUNDA TQ: DEVADURGA, DIST: RAICHUR-584111.

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SHIVAPPA

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AGED ABOUT 32 YEARS OCC: NILL, AT: POST :GANGANUR TQ :AFZALPUR , DIST:KALABURAGI-585 265.

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HC-KAR

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DEVINDRA MIJEJI

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AGED ABOUT 31 YEARS OCC: NILL, R/O. AT: POST : JAWAKAGA (B) DIST: KALABURAGI-585308.

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MAHANTESH GHANUR AGED ABOUT 35 YEARS JR. COLLEGE OF SCIENCE SHORAPUR, DIST: YADGIRI-585215.

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SURYAKANTH S/O HANUMANTH AGED ABOUT 34 YEARS AT :KUTNOOR, POST: KAWALAGARGA, TQ. JEWARGI, DIST:KALABURAGI- 585310.

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…RESPONDENTS

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(BY SRI. MALLIKARJUN C. BASAREDDY, GA FOR R1; SRI.KRUPA SAGAR PATIL, ADVOCATE FOR R2; SRI.R J BHUSARE, ADVOCATE FOR R3; SRI.SANTOSH B. PATIL, ADVOCATE FOR R4 TO R8)

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THIS WRIT APPEAL IS FILED U/SEC. 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO A) CALL FOR THE RECORDS IN WRIT PETITION NO. 201999/2021 (S-RES) ON THE FILE OF LEARNED SINGLE JUDGE OF THIS HON’BLE COURT. B) SET ASIDE THE ORDER IMPUGNED DATED 20.09.2023 PASSED IN WRIT PETITION NO.201999/2021 (S-RES) IN SO FAR AS CONCERNING HIM AND ALLOW HIS PETITION.

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THESE APPEALS ARE COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE Mrs JUSTICE K S HEMALEKHA

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HC-KAR

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ)

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These appeals are directed against the common order dated 20.09.2023 passed by the learned Single Judge in W.P No.202012/2021 connected with W.P No.201999/2021.

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We have heard the learned counsel appearing for the appellants and the respondents.

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Assailing the final selection list notification dated 23.09.2021 issued by the Karnataka Public Service Commission

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(KPSC) and selecting certain candidates to the post of Social Science Teacher, the appellants herein preferred the above noted writ petitions seeking their appointments to the post of Social Science Teacher in terms of the notification dated 23.06.2017. The grievance of the appellants was that their names were not included in the provisional selection list dated 22.06.2021 notified by the KPSC and even though filed objections to the provisional list, final selection list notifying the selection of private respondents was issued by the KPSC on 23.09.2021, though they are not qualified to be appointed to the post in terms of the notification dated 23.06.2017.

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HC-KAR

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The contention of the learned counsel for the

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appellants is that, though these appellants have passed the relevant degree in the medium of Kannada and they were short listed, their case was not considered, whereas other private respondents whose case was similar to the appellants herein was considered, while issuing final selection list. It is his further contention that the respondent–authority has appointed private candidates though they have studied in the medium of Kannada, which is contrary to the notification issued by the respondent-KPSC.

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Per contra, the learned counsels appearing for the respective respondents would contend that only after verification of the documents, the selection process was completed and as per the competent university, the medium of instructions is in English and therefore, the learned Single Judge has rightly did not consider the prayer of the appellants as they did not possess degree in the medium of instructions in English.

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Perusal of the order passed by the learned Single Judge goes to show that, relying on the judgments of the

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HC-KAR

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Hon’ble Apex Court in the case of Umesh Chandra Shukla Vs.

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Union of India and others reported in (1985) 3 SCC 721 and K.V. Panduranga Rao Vs. Karnataka Dairy Development Corporation, Bangalore and others reported in 1997 (2) Kar. L.J. 477 and considering the case of the appellants herein extensively, the learned Single Judge disposed of the matter, observing that KPSC being an agency to conduct the selection process must strictly follow the notification dated 23.06.2017 (annexed to the writ petition), wherein, it is stated that the candidates must possess degree in the medium of instructions in English.

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It is not disputed that the appellants do not possess

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degree in medium of instructions in English. As a contention was raised before the learned Single Judge that the medium of instructions of respondent No.6 in W.P No.202012/2021 is Kannada and therefore, same would be contrary with regard to the certificate issued by the Vijayanagara University, the learned Single Judge issued a direction to respondent Nos.2 and 3 to strictly scrutinize the documents produced by the respective candidates and appoint them in accordance with law, taking into consideration that the candidates whose names find

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HC-KAR

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place in the provisional list shall possess degree in the medium of instructions in English. Further, the said respondents were directed to re-do the process of selection in terms of the observations made therein, so as to ensure that the private respondents shall possess degree in the medium of instructions in English.

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Further, pursuant to the order passed by this Court in these appeals, directing respondent Nos.4 to 9 to file affidavits and place their credentials for having completed their graduation course in English medium, respondent Nos.4 to 9 have filed their respective affidavits.

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It is brought to the notice of the Court that, pursuant to the order passed by the learned Single Judge, directing to re-do the process of selection in terms of the observations made therein, the entire selection process has been re-done and to that effect, an order has been passed and communication has been issued to respondent No.3–KPSC.

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