Case Note & Summary
The petitioner, Smt. Sahana R.S., was selected for the post of Junior Engineer in the Karnataka Power Transmission Corporation Limited (KPTCL) through open market competition, having outperformed the third respondent, Smt. Madhushri S.K., who was next in the merit list. She was required to appear for document verification on 26.11.2017 at 2:30 PM at KPTCL Accounts Office, Bengaluru. However, she was hospitalized at Jadhav Hospital, Davanagere from 24.11.2017 to 28.11.2017 due to illness, as evidenced by medical certificates (Annexures G1 & G2). Consequently, she could not attend the verification. The KPTCL, without affording her any further opportunity, issued an appointment letter to the third respondent on 22.05.2018. The petitioner made a representation on 05.12.2017 explaining her inability, but it was not considered. She then filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the respondents to consider her case and appoint her. The court observed that the KPTCL ought to have given the petitioner a reasonable opportunity to produce documents, especially since she had a valid medical reason. The court directed the respondents to consider the petitioner's representation and afford her an opportunity to produce the required documents within two weeks, and thereafter pass appropriate orders in accordance with law. The petition was disposed of accordingly.
Headnote
A) Service Law - Selection Process - Document Verification - Reasonable Opportunity - The petitioner, selected as Junior Engineer, missed document verification due to hospitalization. The court held that the respondent-KPTCL ought to have given her a reasonable opportunity to produce documents instead of straightaway appointing the next candidate. The court directed the respondents to consider the petitioner's representation and afford her an opportunity to produce documents within two weeks. (Paras 1-4)
Issue of Consideration
Whether a selected candidate who missed document verification due to hospitalization should be denied appointment without being afforded a reasonable opportunity to produce documents.
Final Decision
The writ petition is allowed. The respondents are directed to consider the petitioner's representation dated 05.12.2017 and afford her an opportunity to produce the required documents within two weeks from the date of receipt of a copy of this order, and thereafter pass appropriate orders in accordance with law.
Law Points
- Natural justice
- Reasonable opportunity
- Document verification
- Selection process
- Hospitalization as sufficient cause
Case Details
2019 LawText (KAR) (12) 19
Writ Petition No. 58598 of 2017 (S-RES)
Sri. Sateesha K N (for petitioner), Sri. Harikrishna S Holla (for R1 & R2), Sri. K G Nayak (for R4)
The Karnataka Power Transmission Corporation Limited (KPTCL) and others
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the denial of appointment after selection due to missing document verification on medical grounds.
Remedy Sought
Petitioner sought a direction to the respondents to consider her representation and appoint her to the post of Junior Engineer.
Filing Reason
Petitioner was selected but could not attend document verification due to hospitalization; respondent appointed the next candidate without affording her an opportunity.
Issues
Whether the petitioner's failure to attend document verification due to hospitalization should result in automatic forfeiture of her selection.
Whether the respondents were obligated to afford the petitioner a reasonable opportunity to produce documents before appointing the next candidate.
Submissions/Arguments
Petitioner argued that she was hospitalized and could not attend verification, and that she made a representation explaining the same.
Respondents contended that intimation was sent via SMS and petitioner failed to appear, so the next candidate was rightly appointed.
Ratio Decidendi
A selected candidate who misses document verification due to a valid medical reason must be given a reasonable opportunity to produce documents before the appointment is offered to the next candidate; failure to do so violates principles of natural justice.
Judgment Excerpts
Petitioner was selected to the post of Junior Engineer in the open market competition because of her comparative better performance qua the third respondent...
Petitioner who was on visit to Davanagere on 19.11.2017 having contracted illness was admitted to Jadhav Hospital there, on 24.11.2017 for treatment and came to be discharged on 28.11.2017...
In the meanwhile, petitioner had made a representation dated 05.12.2017 explaining her disablement on account of hospitalization...
The respondent - KPTCL ought to have given a reasonable opportunity to the petitioner to produce the documents...
Procedural History
Petitioner was selected for Junior Engineer post; she missed document verification on 26.11.2017 due to hospitalization; she made representation on 05.12.2017; respondent appointed third respondent on 22.05.2018; petitioner filed writ petition on 2017; court disposed on 03.12.2019.
Acts & Sections
- Constitution of India: Articles 226, 227
