Smt. Preethi. a. Nayak Vs the State of Karnataka

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE IN RESPECT OF THE IMPUGNED ORDER DATED 04.07.2024 PASSED IN APPLICATION NO. 5093/2023 (ANNEXUREA); B) SET ASIDE THE IMPUGNED ORDER DATED 04.07.2024 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO. 5093/2023 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID APPLICATION NO. 5093/2023 AS SOUGHT FOR BY THE PETITIONER BEFORE THE TRIBUNAL (ANNEXURE-B), IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE S.G.PANDIT AND HON'BLE MR. JUSTICE K. V. ARAVIND

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE S.G.PANDIT)

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This writ petition by an unsuccessful candidate before

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the Karnataka State Administrative Tribunal at Bengaluru, (for short “Tribunal”) under Article 226 of the Constitution of India, questioning the order dated 04.07.2024 passed in Application No.5093/2023 by which the petitioner’s prayer to quash Final Select List dated 03.03.2023 (AnnexureA21) of the Assistant Professors and Notification dated 03.11.2023 (Anenxure-A22) and orders of appointment in respect of respondent Nos. 3 and 4 as Assistant Professors in Law.

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Brief facts of the case are that:

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The petitioner with qualification of Masters of Law and Ph.D. in Law, applied for the post of Assistant Professor of Law pursuant to the notification dated 30.11.2021 inviting application to fill up various posts in the Collegiate Educational Department. The applicant claimed reservation under 2A-(Women)(Rural) Category and along with her

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application, it is stated that she had enclosed Caste and Income Certificate dated 15.07.2016. The provisional Merit List dated 10.09.2022 was published. Based on which the petitioner was called for document verification. It is stated at the time of document verification, the petitioner produced Caste and Income Certificate dated 12.08.2022. Thereafter Provisional Selection List dated 30.01.2023 and Revised Provisional Selection List dated 17.02.2023 was published, wherein the petitioner’s name was shown at Sl.No.15 and Sl.No.14 respectively. Thereafter, Final Selection List dated 03.03.2023 (Anenxure-A21) was published, wherein the petitioner’s name was not included and respondent Nos. 3 and 4 were selected under 2A(Women)and 2A (Rural) Category. In pursuance to Notification dated 03.11.2023, the respondent Nos. 3 and 4 as well as others were appointed as Assistant Professors. Questioning the Final Select List as well as the Notification of appointment, the petitioner was before the Tribunal in the above stated application.

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The Tribunal under impugned order, rejected the petitioner’s prayers holding that petitioner had no valid Caste and Income Certificate as on the last date for submitting the application. Questioning the impugned order passed by the Tribunal as well as her non-selection, the petitioner is before this Court in this petition.

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Heard Sri. Satish K, learned counsel for petitioner, learned AGA Sri. V Shivareddy for respondent No.1, Sri. N K Ramesh, learned counsel for respondent No.2, Sri. Jagadish H T, learned counsel for respondent No.3 and Sri. Vijaykumar Bhajantri, learned counsel for respondent No.4. Perused the entire petition papers.

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Leaned counsel for the petitioner would submit that the petitioner submitted the application on 30.11.2021 within the last date for submitting the application enclosing the Caste and Income Certificate dated 15.07.2016. It is his specific contention that petitioner belongs to 2A Category and her caste has not been

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changed and only the Caste and Income Certificate which

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is valid for five years, had expired as on the last date for submitting the application and subsequently, a fresh Caste and Income Certificate dated 12.08.2022 was produced at the time of verification of documents which ought to have

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been considered and the petitioner ought to have been selected as Assistant Professor under 2A-Woman Rural Category. Learned counsel would further submit that as on the last date of submitting the application, the petitioner

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has indicated her caste and subsequently, she had produced the valid Caste and Income Certificate dated 12.08.2022 at the time of document verification which according to learned counsel for the petitioner required valid consideration by the Selection Authority. It is his submission that when the valid Caste and Income Certificate dated 12.08.2022 was produced, the second respondent ought to have considered the case of the petitioner under 2A-Women Rural Category and considering the case of the petitioner under General Merit

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Category ignoring the Caste and Income Certificate dated 12.08.2022 is wholly illegal and arbitrary. Thus, he would pray for allowing the writ petition.

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Per contra, learned advocates appearing for the respondents would support the order passed by the Tribunal. They further contend that as on the last date for submitting the application, the petitioner had no eligibility for claiming reservation under 2A Category as he has not placed on record the valid Caste and Income Certificate. It is submitted that all certificates shall be obtained as on the last date for submitting the application and those certificates shall have to be produced at the time of verification of documents. It is submitted that the Caste and Income Certificate dated 12.08.2022 obtained much subsequent to the last date for submitting application would not give any right to the petitioner to claim 2A(Women)(Rural) Category reservation under Notification dated 30.09.2021 for which last date for submitting the application was 30.11.2021. Thus, they submit that as the

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petitioner had no valid Caste and Income Certificate or eligibility as on the last date for submitting the application, she cannot claim 2A Category reservation.

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Learned counsel Sri. Vijaykumar Bhajantri, learned counsel for respondent No.4 would place reliance on the decision of Coordinate Bench dated 17.06.2025 in W.P.No.21453/2022 (S-KSAT) between SMT. SUMITHRA

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H R VS. THE STATE OF KARNATAKA AND OTHERS,

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and submits that in an identical situation, this Court rejected similar contention raised therein. Thus, he prays for dismissal of the writ petition.

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Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, the only point which falls for consideration is as to:

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“Whether in the facts and circumstances of the case, the petitioner had the eligibility to claim 2A reservation as on the last date for submitting the application i.e., 30.11.2021?”

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The facts are not in dispute. In pursuance to

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Notification dated 30.09.2021, the petitioner submitted

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application on 30.11.2021 to the post of Assistant Professor in Law, claiming 2A-(Women)(Rural) reservation enclosing Caste and Income Certificate dated 15.07.2016. The last date for submitting application was 30.11.2021. The eligibility of a candidate shall be determined as on the last date for submitting the application. In the instant case, the one shall be eligible in all respects as on the last date for submitting application i.e., 30.11.2021. Admittedly, the petitioner had no valid Caste and Income Certificate as on 30.11.2021. The Caste and Income Certificate dated 15.07.2016 had expired on 14.07.2021, much before the issuance of notification dated 30.09.2021 inviting application to the post of Assistant Professor. In terms of Rule 3C(2) of the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment, etc.) Rules, 1992, the validity of Caste and Income Certificate are five years. The Caste and Income Certificate dated 15.07.2016 as stated above, had expired on 14.07.2021 much before the

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last date for submitting application i.e., 30.11.2021. In other words, as on the last date for submitting the application i.e., on 30.11.2021, the petitioner had no valid 2A Caste and Income Certificate and therefore, she had no eligibility to apply under 2A Category. The application submitted by the petitioner in the absence of a valid 2A Category Caste and Income Certificate, is rightly considered under the General Merit Category.

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In an identical fact situation, a Co-ordinate Bench of this Court in the above stated W.P.No.21453/2022 at paragraph Nos. 9 and 10 has held as follows:

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“ 9. The notification makes it abundantly clear that the Certificates that are to be produced for claiming reservation or rural weightage shall be obtained before the last date for submitting the application and the originals shall be produced at the time of verification of documents. The verification of documents of the petitioner was done on 10.01.2018 and the Caste and Income Certificate dated 09.01.2018 was produced at the time of verification of documents which cannot be looked into for determining eligibility since the said certificate is

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obtained more than one year after the last date for submission of application. Every candidate shall possess eligibility as on the last date prescribed for submitting the application. As there was no valid caste certificate as on the last date, the petitioner was not eligible for consideration of her candidature under category 2A.

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10. The petitioner placed reliance on the judgment in RAM KUMAR GIJROYA ( supra ) and submitted that the Caste and Income Certificate subsequently obtained and submitted ought to have been considered to consider petitioner’s case for selection under category 2A. In RAM KUMAR GIJROYA case, the petitioner therein was not selected as he had failed to submit OBC certificate issued earlier by the appropriate authority along with the Application Form before the last date for submission of application. In that circumstance, the Hon'ble Apex Court observed that a candidate shall be permitted to produce such certificate subsequently, which is not produced along with application. But, in the instant case, to permit production of Caste and Income Certificate issued subsequently, does not arise as the petitioner had not possessed valid Caste and Income Certificate as on the last date for submitting the application. The certificate obtained by the petitioner in the year 2008 was valid for a period of five years and that could not

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be considered by the Selecting Authority, to consider his/her case under 2A category. As the petitioner had failed to produce valid Caste and Income Certificate obtained prior to last date for submitting application, the Selecting Authority/second respondent herein rightly considered the petitioner’s candidature under general merit. The Tribunal, under impugned order observed that in terms of Recruitment Notification, the applicant did not possess necessary valid reservation certificate as on the last date of receipt of application which would not require interference.”

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By respectfully following the above said decision, we

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are of the considered opinion that there is no merit in the petition and accordingly, stands rejected.

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Sd/(S.G.PANDIT) JUDGE

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Sd/(K. V. ARAVIND) JUDGE

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BSV CT:bms List No.: 2 Sl No.: 20

Smt. Preethi. a. Nayak v. the State of Karnataka

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Smt. Preethi. a. Nayak v. the State of Karnataka

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