The Karnataka High Court dismissed a writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus directing Respondent no.1 and considering the representation made in the impugned endorsement issued by Respondent no.1 dated 27.05.2022. The Court observed that since the petitioner was only an aspirant under the Ex-servicemen GM Category, he cannot be really aggrieved or be permitted to contend that the post that had been reserved for Ex-servicemen Category-IIIA or Scheduled Caste should not be made available to the persons belonging to the Scheduled Caste or Category-IIIA.
Brief Facts:
The petitioner is an unsuccessful candidate, who had applied pursuant to the Notification dated 24.08.2021, by which applications had been called for to fill up the posts of Second Division Assistant. The petitioner, who applied under the Ex-servicemen GM category, unfortunately, could not secure the minimum marks in the subject (Translation from Kannada to English) and was hence not in the list of candidates eligible to be selected.
Contention of the Petitioner:
The Learned Counsel for the Petitioner submitted that the authorities have committed an illegality in appointing two persons, who belong to Category-IIIA and Scheduled Caste category, in respect of the quota set apart from Ex-servicemen.
The Court noted that in respect of the seven vacancies in the Ex-Servicemen General Merit Category, all the seven posts have been filled up by Ex-servicemen from the GM category on merit. However, it is the contention of the petitioner that the post of Ex-servicemen for SC Category and IIIA Category have been allotted to the persons who are not Ex-servicemen and therefore, the entire process is vitiated.
The Court observed that because there were no Ex-servicemen available under the Category of SC and Category III-A, the High Court on the basis of the said Government order appointed persons belonging to that category from the General pool of candidates. The Court said that since the petitioner was only an aspirant under the Ex-servicemen GM Category, he cannot be really aggrieved or be permitted to contend that the post that had been reserved for Ex-servicemen Category-IIIA or Scheduled Caste should not be made available to the persons belonging to the Scheduled Caste or Category-IIIA. So long as Ex-servicemen in the GM Category filled up all the 7 posts based on merit, the petitioner, having failed to pass the examination cannot be permitted to challenge the selection so made in a category to which he could not have even applied.
The decision of the Court:
The Karnataka High Court, dismissing the petition, held that there is no merit in the Writ Petition.
Case Title: Sri Manjunath R V v The Registrar General
Coram: Hon’ble Justice N S Sanjay Gowda
Case no.: WRIT PETITION NO. 18228 OF 2022 (S-RES)
Advocate for the Petitioner: Mr. Manjunath R. V
Advocate for the Respondents: Mr. Nagarale Santosh Subhashchandra
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