Case Note & Summary
The petitioner, Smt. Sweta, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 23.01.2018 passed by the Karnataka Administrative Tribunal (KAT) in Application No.284/2018 and the reply dated 28.11.2017 issued by the 1st respondent (Selection Authority & Divisional Joint Director, Department of Public Instructions, Kalaburagi Division). The petitioner sought to quash the impugned order and set aside the additional selection list dated 11.10.2017 selecting the 3rd respondent, Smt. Shaila Devi, to the post of Secondary School Assistant Teacher Grade II (English Language Assistant Teacher) under Category III-B (Woman) (Hyderabad Karnataka Quota). The petitioner also sought a writ of mandamus directing the 1st respondent to consider her eligibility certificate dated 23.06.2015 for the purpose of selection. The core issue was whether the Selection Authority was justified in rejecting the petitioner's eligibility certificate on the ground that it was issued after the last date for submission of applications. The court, after hearing the parties, held that the Selection Authority's decision was justified and did not warrant interference under Articles 226 and 227 of the Constitution of India. The court noted that the eligibility certificate was issued on 23.06.2015, which was after the last date for submission of applications, and therefore, the Selection Authority was correct in rejecting it. The court dismissed the writ petition, upholding the order of the KAT and the reply of the 1st respondent.
Headnote
A) Service Law - Recruitment - Eligibility Certificate - Last Date for Submission of Applications - The Selection Authority rejected the petitioner's eligibility certificate as it was issued after the last date for submission of applications. The court held that the Selection Authority's decision was justified and did not warrant interference under Articles 226 and 227 of the Constitution of India. (Paras 1-3)
B) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 - Scope of Interference - The court held that the writ court cannot sit as an appellate authority over the decision of the Selection Authority unless the decision is arbitrary, irrational, or perverse. (Paras 1-3)
Issue of Consideration
Whether the Selection Authority was justified in rejecting the petitioner's eligibility certificate for the post of Secondary School Assistant Teacher Grade II (English Language Assistant Teacher) under Category III-B (Woman) (Hyderabad Karnataka Quota) on the ground that the certificate was issued after the last date for submission of applications.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Karnataka Administrative Tribunal dated 23.01.2018 and the reply of the 1st respondent dated 28.11.2017. The court held that the Selection Authority's rejection of the petitioner's eligibility certificate was justified as it was issued after the last date for submission of applications.
Law Points
- Eligibility certificate
- last date for submission of applications
- selection process
- writ of certiorari
- writ of mandamus
Case Details
2019 LawText (KAR) (01) 95
Writ Petition No.201047/2018 (S-KAT)
B. Veerappa, P.G.M. Patil
Sri Ravi B. Patil (for petitioner), Sri K.M. Ghate (AGA for R1 and R2), Sri Sachin M. Mahajan (for R3)
Smt. Sweta D/o Subhash Raga
The Selection Authority & Divisional Joint Director, Department of Public Instructions, Kalaburagi Division; The Commissioner for Public Instructions, Bengaluru; Smt. Shaila Devi
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Nature of Litigation
Writ petition challenging the order of the Karnataka Administrative Tribunal (KAT) and the reply of the Selection Authority rejecting the petitioner's eligibility certificate for the post of Secondary School Assistant Teacher Grade II.
Remedy Sought
Petitioner sought a writ of certiorari to quash the impugned order dated 23.01.2018 in Application No.284/2018 passed by the KAT and the reply dated 28.11.2017 issued by the 1st respondent, and a writ of mandamus directing the 1st respondent to consider her eligibility certificate dated 23.06.2015 for selection.
Filing Reason
The petitioner's eligibility certificate was rejected by the Selection Authority on the ground that it was issued after the last date for submission of applications, and the KAT upheld that decision.
Previous Decisions
The Karnataka Administrative Tribunal (KAT) dismissed the petitioner's application No.284/2018 vide order dated 23.01.2018, upholding the Selection Authority's rejection of the eligibility certificate.
Issues
Whether the Selection Authority was justified in rejecting the petitioner's eligibility certificate for the post of Secondary School Assistant Teacher Grade II (English Language Assistant Teacher) under Category III-B (Woman) (Hyderabad Karnataka Quota) on the ground that the certificate was issued after the last date for submission of applications.
Submissions/Arguments
Petitioner argued that the eligibility certificate dated 23.06.2015 should be considered for selection as it was valid and the rejection was arbitrary.
Respondents argued that the eligibility certificate was issued after the last date for submission of applications, and therefore, the Selection Authority was justified in rejecting it.
Ratio Decidendi
The Selection Authority's rejection of an eligibility certificate issued after the last date for submission of applications is justified and does not warrant interference under Articles 226 and 227 of the Constitution of India.
Judgment Excerpts
The Selection Authority rejected the petitioner's eligibility certificate as it was issued after the last date for submission of applications.
The court held that the Selection Authority's decision was justified and did not warrant interference under Articles 226 and 227 of the Constitution of India.
Procedural History
The petitioner filed Application No.284/2018 before the Karnataka Administrative Tribunal (KAT) challenging the reply dated 28.11.2017 of the 1st respondent rejecting her eligibility certificate. The KAT dismissed the application on 23.01.2018. Aggrieved, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench.
Acts & Sections
- Constitution of India: Articles 226, 227
