Case Note & Summary
The petitioner, Shri Venu S. A., challenged a provisional selection list dated 12-07-2023 issued by the University of Agricultural Sciences, Dharwad, for the post of Assistant Professor in Food Engineering. The University had issued a notification to fill backlog posts, but the provisional list did not comply with the reservation roster under the Karnataka Reservation of Appointments or Posts (Amendment) Act, 2017. The petitioner argued that the selection was arbitrary and violative of statutory reservation norms. The respondents, including the University and the selected candidate, contended that the list was provisional and subject to finalization. The High Court of Karnataka, after hearing the parties, found that the selection list indeed failed to adhere to the reservation roster for backlog posts. The Court quashed the provisional list and directed the University to redo the selection process in accordance with the applicable reservation rules. The judgment emphasized that public appointments must strictly follow statutory reservation policies to ensure equality and compliance with the law.
Headnote
A) Service Law - Reservation in Appointments - Backlog Posts - The University issued a notification to fill backlog posts of Assistant Professor in Food Engineering, but the provisional selection list did not adhere to the statutory reservation roster as per the Karnataka Reservation of Appointments or Posts (Amendment) Act, 2017. The Court held that the selection list was illegal and liable to be quashed, directing the University to redo the selection in accordance with the reservation roster. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 - The petitioner sought a writ of certiorari to quash the provisional selection list. The Court exercised its writ jurisdiction to set aside the list for non-compliance with statutory reservation requirements, emphasizing that public appointments must follow the mandated reservation policy. (Paras 1-10)
Issue of Consideration
Whether the provisional selection list issued by the University for the post of Assistant Professor in Food Engineering is valid when it does not comply with the reservation roster for backlog posts under the Karnataka Reservation of Appointments or Posts (Amendment) Act, 2017.
Final Decision
The High Court quashed the provisional selection list dated 12-07-2023 and directed the University to redo the selection in accordance with the reservation roster under the Karnataka Reservation of Appointments or Posts (Amendment) Act, 2017.
Law Points
- Reservation roster
- backlog posts
- provisional selection list
- non-compliance with statutory reservation
- writ of certiorari
- Articles 226 and 227 of Constitution of India
