Sri Boresha B Vs Karnataka Urban Water Supply and Drainage Board

SRI MAHESH M S/O MADIAH, AGED ABOUT 31 YEARS, R/AT MALAI MAHADESHWARA NILAYA, BEHIND LITTLE HEARTS SCHOOL, LAKSHMAN LAYOUT, KANAKAPURA, RAMANAGARA DISTRICT-562117.

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…PETITIONERS

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(BY SRI. GOVINDARAJ K., ADV.)

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AND:

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KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD NO.5 AND 6, “JALABHAVANA”, BANNERGHATTA MAIN ROAD, 1^ST STAGE, 1^ST PHASE, BTM LAYOUT,

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NC: 2025:KHC:5419 WP No. 33582 of 2024

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BANGALORE-560029 BY ITS CHAIRMAN.

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MEMBER SECRETARY PERSONNEL RECRUITMENT COMMITTEE NO.5 AND 6, JALABHAVANA, BANNERGHATTA MAIN ROAD, 1^ST STAGE, 1^ST PHASE, BTM LAYOUT, BANGALORE-560029.

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…RESPONDENTS

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(BY SMT. SUMANGALA GURUDEV GACHCHINAMATH, ADV. R1 & R2)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO APPOINT THE PETITIONERS AS ASSISTANT ENGINEERS PURSUANT TO SELECTION HELD AS PER NOTIFICATION DATED 07/12/2015 AS PER ANN-A WITH ALL CONSEQUENTIAL BENEFITS.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT

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ORAL ORDER

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Heard learned counsel Sri.Govindaraj.K., for

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petitioners and learned counsel Smt.Sumangala Gurudev Gachchinamath for respondent Nos.1 and 2. Perused the entire writ petition papers.

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The petitioners are before this Court praying for

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a writ of mandamus to the respondents to appoint petitioners as Assistant Engineers pursuant to selection

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held as per Notification dated 07.12.2015 (Annexure-A) with all consequential benefits.

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Learned counsel for the petitioners would submit that in pursuance to notification dated 07.12.2015 (Annexure-A), petitioners applied for the post of Assistant Engineers (Civil). The petitioners were selected as Assistant Engineers and in that regard, learned counsel for the petitioners would invite attention of this Court to provisional select list (Annexure-B). Learned counsel would further submit that selection of Assistant Engineers of certain categories were the subject matter of W.P.No.23580/2016 and connected Writ Petitions and this Court initially passed interim order to keep certain posts of Assistant Engineers vacant and ultimately those writ petitions were dismissed by order dated 27.03.2024. It is contended that on dismissal of the writ petitions, petitioners would be entitled for appointment in terms of Select list. Though this Court passed order on 27.03.2024 rejecting the writ petitions, till this date petitioners are not

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NC: 2025:KHC:5419 WP No. 33582 of 2024

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considered for appointment as Assistant Engineers in terms of the selection list published in the year 2017 itself. In that regard, learned counsel for the petitioner would submit that representations at Annexure-F dated 03.05.2024 as well as 11.09.2024 (Annexure-L) are submitted to the second respondent and the said representations are pending consideration.

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Per contra, learned counsel Smt.Sumangala Gurudev Gachchinamath appearing for respondents would submit that the representations of the petitioners would be considered within a reasonable time.

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The petitioners participated in the recruitment

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process to the post of Assistant Engineers of the respondent-Karnataka Urban Water Supply and Drainage Board and they are selected as Assistant Engineers as could be seen from the provisional list of Assistant Engineers placed on record at Annexure-B. Admittedly, the said selection process in respect of certain categories of post was before this Court in W.P.No.23580/2016 and

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connected Writ Petitions and the said writ petitions came to be dismissed by order dated 27.03.2024. Moreover, the select list is operated in respect of other category and appointment orders are issued as at Annexure-C. When the writ petitions challenging the selection process are dismissed, the respondents are legally obliged to consider the cases of the petitioners for appointment, if they are otherwise eligible. The respondents are required to consider the representations of the petitioners and pass appropriate order in the matter of their appointment as Assistant Engineers.

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In the light of the above, the following:

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ORDER

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a) The respondent Nos.1 and 2 are directed to consider the representations of the petitioners as at Annexures-F and L dated 03.05.2024 and 11.09.2024 respectively and take a decision in the matter of appointment of petitioners as Assistant Engineers in pursuance to Notification

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dated 07.12.2015 (Annexure-A) and also the provisional select list under Notification dated 28.06.2016 (Annexure-B) and pass appropriate order within a period of eight weeks from today.

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b) With the above, writ petition stands disposed of.

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Sd/(S.G.PANDIT) JUDGE

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NC CT:bms List No.: 1 Sl No.: 50

Sri Boresha B v. Karnataka Urban Water Supply and Drainage Board

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Sri Boresha B v. Karnataka Urban Water Supply and Drainage Board

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