Case Note & Summary
The petitioner, Smt. Radharani Mahadev Kolambe, an advocate, applied for the post of Civil Judge (Junior Division) pursuant to a notification dated 1st April 2006 under the Karnataka Judicial Services (Recruitment) Rules, 2004. She successfully passed the written examination and viva-voce test, and her name appeared at Sl.No.41 in the select list of 232 candidates published vide notification dated 6th June 2009. However, the Government received information that the petitioner had married a man who already had a living spouse, thereby attracting disqualification under Sub-Rule (2) of Rule 5 of the Karnataka Civil Services (General Recruitment) Rules, 1977. Consequently, the respondents did not issue an order of appointment to the petitioner. The petitioner filed a writ petition under Article 226 of the Constitution of India seeking a direction to the respondents to issue her appointment order. The court examined the provisions of Rule 5(2), which disqualifies a candidate who marries a person already having a spouse living. The court noted that the petitioner's marriage to a married man with a living spouse clearly fell within the disqualification. The court held that the rule is intended to ensure public morality and integrity in the judicial service, and the respondents were justified in withholding the appointment. The petition was dismissed.
Headnote
A) Service Law - Disqualification - Marriage with Married Person - Rule 5(2) of Karnataka Civil Services (General Recruitment) Rules, 1977 - The petitioner, selected for appointment as Civil Judge (Junior Division), was denied appointment on the ground that she married a man who already had a living spouse, attracting disqualification under Rule 5(2). The court held that the rule disqualifies a candidate who marries a person already having a spouse living, and such marriage is contrary to public morality and judicial service standards. The petition was dismissed. (Paras 1-6) B) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - Judicial Review of Selection Process - The court examined whether the respondents' action in withholding appointment based on the petitioner's marriage was arbitrary. Held that the disqualification under Rule 5(2) is clear and the respondents were justified in not appointing the petitioner, as the marriage violated the rule and public policy. (Paras 1-6)
Issue of Consideration
Whether the petitioner, whose name was included in the select list for appointment as Civil Judge (Junior Division), is disqualified under Rule 5(2) of the Karnataka Civil Services (General Recruitment) Rules, 1977, on account of her marriage with a married man having a living spouse, and whether the respondents are justified in withholding her appointment.
Final Decision
The writ petition is dismissed. The respondents are not directed to issue appointment order to the petitioner.
Law Points
- Disqualification for appointment to civil service
- marriage with a married person having a living spouse
- Rule 5(2) of Karnataka Civil Services (General Recruitment) Rules
- 1977
- Article 226 of Constitution of India
- judicial service recruitment
- public morality and integrity in judiciary
