Case Note & Summary
The petitioner, N Rekha, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the respondents, the Registrar and the Registrar of Self and Administration of Karnataka University, Dharwad, to compensate her for monetary loss sustained because she was not initially selected for the post of SDA cum typist, though she was eligible. The petitioner had applied in response to a notification dated 12.4.2007. She was not selected, and by endorsements dated 11.5.2007 and 6.6.2007, she was informed that despite telegrams sent to her to produce original documents, she had failed to do so, leading to her non-selection. She challenged these endorsements in W.P.No.10194/2007, which was allowed in part on 26.3.2010, directing the respondents to consider her representation dated 15.6.2007 and appoint her to the post of typist within four weeks. The present petition seeks compensation for the period of delay. The court, after hearing, dismissed the petition, holding that the earlier direction had been complied with and no further relief was warranted.
Headnote
A) Service Law - Selection Process - Compensation for Non-Selection - Petitioner applied for SDA cum typist post but was not selected due to failure to produce original documents despite telegrams - Court in earlier writ directed consideration of representation and appointment - Petitioner now seeks compensation for monetary loss - Held that the earlier direction was complied with and no further relief warranted (Paras 1-3).
Issue of Consideration
Whether the petitioner is entitled to compensation for monetary loss sustained due to non-selection for the post of SDA cum typist, despite being eligible, when she failed to produce original documents as required.
Final Decision
Writ petition dismissed. No order as to costs.
Law Points
- Writ of mandamus
- Compensation for monetary loss
- Service law
- Selection process
- Failure to produce documents
Case Details
2016 LawText (KAR) (09) 3
Writ Petition No.107559/2014 (S-RES)
H.Veeranna (for petitioner), Mallikarjuna S Hiremath (for respondent 1)
The Registrar, Karnataka University, Dharwad and The Registrar, Self and Administration, Karnataka University, Dharwad
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Nature of Litigation
Writ petition seeking compensation for monetary loss due to non-selection in a public employment selection process.
Remedy Sought
Direction to respondents to compensate monetary loss sustained by petitioner along with consequential service benefits.
Filing Reason
Petitioner was not selected for the post of SDA cum typist despite being eligible, allegedly due to failure to produce original documents despite telegrams.
Previous Decisions
In W.P.No.10194/2007, the court directed respondents to consider petitioner's representation and appoint her to the post of typist within four weeks.
Issues
Whether the petitioner is entitled to compensation for monetary loss due to non-selection when she failed to produce original documents as required.
Submissions/Arguments
Petitioner argued that she was eligible but not selected, causing monetary loss.
Respondents contended that petitioner failed to produce original documents despite telegrams, leading to non-selection.
Ratio Decidendi
The earlier direction to consider representation and appoint was complied with; no further relief for compensation is warranted as the petitioner's own failure to produce documents led to non-selection.
Judgment Excerpts
This writ petition is filed with a prayer for a writ of mandamus and to direct the respondents to compensate the monetary loss sustained by the petitioner as she was not initially selected for the post of an S.D.A., though she was eligible.
By an order dated 26.3.2010, this Court allowed the said writ petition in part and directed the respondents to consider her representation dated 15.6.2007 and to appoint her to the post of typist within four weeks from the date of receipt of a copy of the said order.
Procedural History
Petitioner applied for SDA cum typist post in 2007; not selected due to failure to produce documents; challenged endorsements in W.P.No.10194/2007 which was allowed in part on 26.3.2010 directing appointment; present petition filed in 2014 seeking compensation; heard and reserved for orders; dismissed on 23.9.2016.
Acts & Sections
- Constitution of India: Articles 226, 227
