Karnataka High Court
Sri.Guruprasad S/O Madivalappa ... vs The State Of Karnataka on 10 November, 2021
Bench: S.Sunil Dutt Yadav, J.M.Khazi
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 10TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
AND
THE HON'BLE MS.JUSTICE J.M. KHAZI
W.P NO.147079/2020 (S-KAT)
BETWEEN
SRI.GURUPRASAD S/O MADIVALAPPA YALIGAR,
AGE:30 YEARS, KPSC APPLICATION NO.2027503,
REGISTER NO.100132, RESIDING AT C/O: S.V. YALIGAR,
HOUSE NO.43/A, GURUDARSHAN NEAR GANAPATHI TEMPLE,
S.R. NAGAR, TEJASWINAGAR EXTENSION,
DHARWAD-580002.
...PETITIONER
(By Sri.S. N. RAJENDRA, ADVOCATE)
AND
1. THE STATE OF KARNATAKA REPRESENTED
BY ITS SECRETARY DEPARTMENT OF TRANSPORT,
M.S. BUILDING, BENGALORE-560 001.
2. THE KARNATAKA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY
UDYOG SOUDHA, BANGALORE-560001.
2
3. THE COMMISSIONER DEPARTMENT OF TRANSPORT,
I FLOOR, BMTC BUILDING, K.H. ROAD,
SHANTINAGAR BANGALORE-560027.
...RESPONDENTS
(By Sri.G.K. HIREGOUDAR, GOVT ADV FOR R1-R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
CONNECTED RECORDS AND TO ISSUE AN ORDER, DIRECTION
OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE
ORDER DATED 3.06.2020 MADE IN APPLICATION NO.103/2020
ON THE FILE OF THE KARNATAKA ADMINISTRATE TRIBUNAL
BAGALORE PRODUCED AT ANNEXURE-B, SO FAR AS IT RELATES
TO ISSUING DIRECTION TO RESPONDET NO.2 TO CONSIDER
THE CANDIDATURE OF PETITIONER WITHOUT INSISTING
WORKING EXPERIENCE CERTIFICATE IN THE LIGHT OF
GOVERNMENT OF INDIA'S NOTIFICATION BEARING
NO.S.O.1225(E) DATED 8.03.2019 ISSUED BY MINISTRY OF
ROAD TRANSPORT AND HIGHWAYS AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS
DAY, S.SUNIL DUTT YADAV J., MADE THE FOLLOWING:
ORDER
The petitioner has filed a memo for disposal and
submits that the present petition could be disposed off
in terms of the order dated 25.08.2021 passed in W.P
No.6774/2020 and other connected matters.
2. It is submitted by counsel on both the sides
that the present adjudication is now covered in terms
of adjudication made in the orders passed in W.P
No.6774/2020.
3. The memo for disposal fled reads as
under;
"The issue involved in the present case is
covered by the judgment dated 25.08.2021
made in W.P.No's 6774/2020 and other
connected matters on the file of this Hon'ble
Court, copy of the order is produced
herewith. The Order under challenge was
passed by following the Order dated
19.03.2020 made in Application
No.4161/2019 & 4162/2019 which has been
now set aside. This Hon'ble Court has
further directed to proceed with the
recruitment process in accordance with the
recruitment Notification dated 4.2.2016.
Wherefore, the petitioner prays that this
Hon'ble Court may kindly be pleaded to
DISPOSE OFF the above Petition in terms of
the Order dated 25.08.2021 made in W.P
No.6774/2020 and other connected matters,
and set aside the order so far as it relates to
issuing direction to respondent No.2 to
consider the candidature of Petitioner
without insisting Working Experience
Certificate in the light of Government of
India's Notification bearing No.S.O.1225(E)
dated 8/03/2019 issued by Ministry of Road
Transport and Highways, ALLOW the present
Petition, in interest of justice".
4. The operative direction in W.P
No.6774/2020 C/W W.P. Nos.8000/2020,
8462/2020, 9038/2020, 9739/2020, 9743/2020,
3219/2021(S-KSAT) is as follows;
"We direct the Karnataka Public
Service Commission to consider the
certificates produced by the candidates as
indicated in its affidavit dated 02.02.2021
and proceed with the recruitment process in
accordance with the recruitment notification
dated 04.02.2016 and in accordance with
law".
5. The present petition is also disposed
off on same terms of the order passed in the
afore said Writ Petitions. Accordingly the petition
is disposed off.
Sd/-
JUDGE
Sd/-
JUDGE
PJ
