Mahamad Raheem H B vs The State Of Karnataka
2022 Latest Caselaw 12356 Kant

                           1



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 12TH DAY OF OCTOBER 2022

                       PRESENT

            THE HON'BLE MR. ALOK ARADHE
                ACTING CHIEF JUSTICE

                          AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

             W.A. NO.1162 OF 2021 (S-RES)
                          IN
             W.P. NO.3077 OF 2019 (S-RES)

BETWEEN:

1.

MAHAMAD RAHEEM H.B.

(APPLICATION NO. 1010087) S/O BAKSHIJAAN AGED ABOUT 33 YEARS 253, 1ST BLOCK, SSL/JOC JANATHA COLONY, HAROHALLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 112.

2. KRISHNOJI RAO N (APPLICATION NO.1010161) S/O NARAYANARAO AGED ABOUT 33 YEARS KARIKALDODDI VILLAGE KANAKAPURA, RAMANAGARA - 562 112.

3. RIZWAN ASHIFAGIRI (APPLICATION NO.1010127) S/O B.H. SHAIKH AGED ABOUT 35 YEARS CMC COLONY, W NO.29 NEAR BELAGAL ROAD

NEAR HASMI MASJID 2ND CROSS DOOR NO.145 BELLARY, BAGALKOTE DISTRICT 583101.

4. RAJENDRA KAMBLE (APPLICATION NO.1206644) AGED ABOUT 37 YEARS S/O CHANDRAKANT GACHIN MAHAL, J M ROAD VIJAYAPURA DISTRICT-586101.

5. AFROZ SHEKH (APPLICATION NO.1206613) S/O BABULALSHEKH AGED ABOUT 32 YEARS REGISTER OFFICE KARNATAKA STATE WOMENS UNIVERSITY, TORAVI CAMPUS VIJAYAPURA DISTRICT-586110.

6. MAHAMAD HASHIM (APPLICATION NO.1206650) AGED ABOUT 36 YEARS S/O ABDUL REHAMAN HIPPARAGE H.NO.152, VIVIEAK NAGAR WEST VIJAYAPURA DISTRICT-586101.

7. NABIRASUL SARAWAN (APPLICATION NO.1206656) AGED ABOUT 28 YEARS S/O SAHEBHUSENI SARAWAN AT POST TIKOTA, VIJAYAPURA DISTRICT-586130.

8. MOHAMMED ILIYAS (APPLICATION NO.1206622) AGED ABOUT 38 YEARS S/O KHAJA HUSSAINI TARGHAR J.M. ROAD ZANDA KATTA BEHIND SAJAN HALL VIJAYAPURA DISTRICT-586 104.

9. RIYAZ AHMED (APPLICATION NO.1206648) AGED ABOUT 38 YEARS S/O KALLASHA MAKANDAR KHATIB GALLI, KAMAN KHAN BAZAR ROAD VIJAYAPURA DISTRICT-586 104.

10. ABUBAKAR MAKANDAR (APPLICATION NO.1206646) AGED ABOUT 34 YEARS S/O A A MAKANDAR GULLAM HUSAIN GALLI NEAR NALBAND GARDEN VIJAYAPURA, VIJAYAPURA DISTRICT-586 101.

11. SHRISHAIL (APPLICATION NO.1206637) AGED ABOUT 33 YEARS S/O GURANNA NAVATAK AT POST BAGALUR, BAGALUR SINDAGI VIJAYAPURA DISTRICT-586 123.

12. SAYED MOHAMMED HASAN (APPLICATION NO.1206669) S/O S.S. INAMDAR AGED ABOUT 29 YEARS NEAR MEHTAR MAHAL J.M.ROAD, VIJAYAPURA VIJAYAPURA-586101.

13. SAYED MOHAMMED HUSSAIN INAMDAR (APPLICATION NO.1206671) S/O S.S. INAMDAR AGED ABOUT 32 YEARS NEAR MEHTAR MAHAL, J.M.ROAD VIJAYAPURA, VIJAYAPURA-586101.

14. FAIRUZAHMED MOHAMMED PATEL (APPLICATION NO.1206620) AGED ABOUT 30 YEARS S/O MOHAMMED PATEL BEHIND HYDER MASJID

NEAR BADI KAMAN J M ROAD VIJAYAPUARA DISTRICT 586101.

15. ISHWARAPPA (APPLICATION NO 1303380) S/O BALAPPA BHAJANTRI AGED ABOUT 40 YEARS KOPPAL 583238.

16. KOTRAPPA (APPLICATION NO 1010104) S/O KOTRAPPA ISHWARAPPA BALIGAR AGED ABOUT 40 YEARS AT GONDABALA KOPPAL, KOPPAL 583238.

17. SIDDARAMESH (APPLICATION NO 1011574) S/O NAGARAJ LAMANI AGED ABOUT 32 YEARS JANATA PLAT ITAGI YELBURGA, KOPPAL 583232.

18. MANJUNATH (APPLICATION NO 1010152) S/O SHARANAPPA HATTIKATAGI AGED ABOUT 34 YEARS BALIGAR ONI, MUDHOL YELBURGA, KOPPAL 583284.

19. BEERAPPA YAMBALAD (APPLICATION NO 1010151) S/O SHARANAPPA AGED ABOUT 33 YEARS AT SANGANAHAL, YELBURGA KOPPAL 583236.

... APPELLANTS

(BY MR. VIKRAM HUILGOL, SR. COUNSEL FOR MR. VIKRAM UNNI RAJAGOPAL, ADV.,)

AND:

1. THE STATE OF KARNATAKA REP. BY THE CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU - 560001.

2. THE DEPARTMENT OF MUNICIPAL ADMINISTRATION GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU-560001 REPRESENTED BY ITS SECRETARY.

3. THE DIRECTOR DEPARMENT OF MUNICIPAL ADMINISTRATION 9TH FLOOR, VISHVESHWARAYYA TOWER DR. AMBEDKAR ROAD, BENGALURU-560001.

4. NAGARAJU R.K.

MAJOR RESIDING AT RACHAYYANA DODDI VILLAGE KASABA HOBLI, KANAKAPURA TQ RAMANAGARA -562117.

5. HAMPANNA KOLAKAR MAJOR RESIDING AT YERANAL POST BASAVANA BAGEWADI TQ VIJAYAPURA-586 122.

6. SIDDANNA GOUDA BANAPPA GOUDRA S/O SIDDANA GOUDA S BANAPPA GOUDRA MAJOR RESIDING AT BEHIND BDO QUARTERS BANNAPPA BOUDRA BADVANE YELABURGA, YELABURGA, KOPPALA-583236.

7. HARISH KUMAR H.P.

MAJOR R/AT HIRINDYAPANAHALLI KODIHALLI HOBLI, KANAKAPURA TQ RAMANAGARA DIST-562119.

8. MARUTI BEVINAGIDAD S/O ERAPPA BEVINAGIDAD, MAJOR R/AT TONDIHAL, YELABURGA KOPPALA-538 232.

9. VISHVANATH S/O VRUSHABENDRAYYA SASIMATH, MAJOR R/AT GUDNEPPANAMATH POST KUKANOOR, YELABURGA TQ KOPPALA DIST-583 232.

10. THE KARNATAKA STATE PUBLIC SERVICE COMMISSION, DEVARAJ URS ROAD BENGALURU-560 001 REP. BY ITS SECRETARY.

11. SANTHOSHA K (APPLICATION NO.1403774) S/O KRISHNA MURTHY R AGED ABOUT 35 YEARS GANGAMBIKA BADAVANE GANGAMBIKA NILAYA MARENAHALLI ROAD JAGALUR JAGALUR, DAVANAGERE DISTRICT-577 528.

12. RAJESHA .H (APPLICATION NO. 1010081) S/O HUYILLEGOWDA AGED ABOUT 29 YEARS IRALOPODU VILLAGE ALANATHA POST, KODIHALLI HOBLI KANAKAPURA, RAMANAGARA DISTRICT - 562 119.

13. NANJUNDASWAMY M (APPLICATION No.1010076) S/O MALLIKESH AGED ABOUT 27 YEARS KEREBEEDI KURUPETE KANAKAPURA TOWN AND TALUK RAMANAGARA DISTRICT - 562 117.

14. PRABHAKARA G C (APPLICATION NO. 1010115) S/O PUTTEGOWDA AGED ABOUT 28 YEARS GOTTIGEHALLI VILLAGE AND POST HAROHALLI HOBLI, KANAKAPURA TALUK KANAKAPURA, RAMANAGARA DISTRICT - 562 112.

15. SATHEESH H M (APPLICATION NO. 1001866) S/O MAHADEVA H AGED ABOUT 35 YEARS BRAMIN STREET, HALAGUR HOBALI HALAGUR, MALAVALLI MANDYA DISTRICT - 571 421.

16. VISWANATHA U R (APPLICATION NO. 1010199) S/O RAMALINGAIAH N H AGED ABOUT 37 YEARS UPPINAKERE VILLAGE NAGARAKERE POST MADDUR, MANDYA - 571 428.

17. KIRAN B K (APPLICATION NO 1010234) S/O LATE KRISHNAPPA B S AGED ABOUT 31 YEARS 142 BARADANAHALLI, MALGALU KANAKAPURA, RAMANAGARA - 562 117.

18. YATHEENDRA U N (APPLICATION NO. 1303412) S/O NAGARAJEGOWDA S AGED ABOUT 33 YEARS UPPINAKERE VILLAGE NAGARAKERE POST MADDUR MANDYA - 571 428.

19. MAHENDRA K M (APPLICATION NO. 1303396) S/O MADEGOWDA

AGED ABOUT 29 YEARS T. KAGEPURA VILLAGE SSLC/JOC NELAMAKANAHALLI POST MALAVALLI MANDYA - 571 430.

20. PRADEEPA T D (APPLICATION NO. 1010164) S/O DYAVARASEGOWDA AGED ABOUT 27 YEARS THAVARAGATTE VILLAGE SSLC/JOC MARALEBEKUPPE POST, UYYAMBALLI HOBALI KANAKAPURA, RAMANAGARA - 562 117.

21. SRINIVASA N (APPLICATION NO. 1010175) S/O NAGARAJU AGED ABOUT 29 YEARS DODDALAHALLI VILLAGE SSLC/JOC UYYAMBALLI HOBALI, KANAKAPURA RAMANAGARA - 562 117.

22. SIDDARAJU D (APPLICATION NO. 1303389) S/O DEVARAJU AGED ABOUT 38 YEARS 192, NEW STREET MANGALA VILLAGE AND POST KOLLEGAL TALUK, KOLLEGAL CHAMARAJANAGARA DISTRICT - 571 443.

23. RAMESHA U A (APPLICATION NO. 1403744) S/O ANJINAPPA U AGED ABOUT 28 YEARS POOJARAHALLI VILLAGE, KUDLIGI BALLARY DISTRICT - 583 218.

24. NAGENDRAPPA L (APPLICATION NO. 1403742) S/O LAKSHMANA AGED ABOUT 34 YEARS SIDDAMMANAHALLI VILLAGE

JAGALUR, DAVANAGERE - 577 528.

25. PARSHURAMA J O (APPLICATION NO. 1403766) S/O OBAIAH AGED ABOUT 32 YEARS NEAR SRI MATHASCHOOL JCR BADAVANE, JAGALUR DAVANAGERE DISTRICT - 577 528.

26. HANUMANTHAPPA B P (APPLICATION NO 1403750) S/O PALAPPA B AGED ABOUT 29 YEARS GOWDIKATTE VILLAGE, JAGALUR TALUK DAVANAGERE DISTRICT - 577 528.

27. MADHU G S (APPLICATION NO. 1403767) S/O SATHYAPPA A K AGED ABOUT 31 YEARS ASHWATH REDDY NAGARA DOOR NO.40, BIDARAKERE ROAD JAGALUR DAVANAGERE - 577 528.

28. HANUMANTH BHANDIWADDAR (APPLICATION NO.1104226) S/O YANKAPPA AGED ABOUT 27 YEARS INDIRA NAGAR, IJARILAKAMAPUR HAVERI DISTRICT - 581 110.

29. VINAY KUMAR PUJAR (APPLICATION NO 1010180) AGED ABOUT 29 YEARS 57/2A, VIDYAGIRI, 1ST CROSS NEAR HALL GANESH TEMPLE DHARWADA DISTRICT- 580004.

30. GOPAL BANDIWADDAR (APPLICATION NO.1010179) S/O VENKAPPA BANDIWADDAR

AGED ABOUT 28 YEARS LAXMI SINGANKERI TEMPLE 3RD CROSS, NEAR LAXMI TEMLPLE DHARWADA 580002.

31. RANGANATH KULKARNI (APPLICATION NO.1104233) S/O R.R. KULKARNI AGED ABOUT 33 YEARS SORTUR, GADAGA DISTRICT 582120.

32. NINGAPPA EERPPA KADADALLI (APPLICATION NO.1010098) AGED ABOUT 39 YEARS AT TONDIHL, YELBURGA KOPPALA 583232.

33. PARASHURAM KADADALLI (APPLICATION NO.1010189) S/O HANUMANTAPPA KADADALLI AGED ABOUT 42 YEARS AT POST TONDIHAL YELBURGA, KOPPALA 583232.

34. SHAREEF (APPLICATION NO.1010080) S/O YAMANAPPA BEVINAMARAD AGED ABOUT 40 YEARS AT POST TONDIHAL TQ YELBURGA YELBURGA, KOPPALA 583232.

35. BASAPPA (APPLICATION NO.1010178) S/O DEVAPPA AGED ABOUT 36 YEARS KOLIPET, NEAR ITAGI MOSUTI YELBURGA, KOPPALA 583232.

36. SHARANAPPA HANUMAPPA (APPLICATION NO.0101169) AGED ABOUT 36 YEARS

CHALAVADI, AMBEDKAR NAGARA NEAR ANAGANAWADI CENTER YELBURGA, KOPPALA 583232.

37. MANJUNATH (APPLICATION NO.1010192) S/O HANCHALAPPA BHAJANTRI AGED ABOUT 29 YEARS YAMANOORSWAMI NAGAR AT POST KUKANOOR, KUKANOOR YELBURGA, KOPPALA 583 232.

38. NAGAPPA (APPLICATION NO.1010194) S/O DASAPPA BHAJANTRI AGED ABOUT 27 YEARS AMBEDKAR NAGAR AT POST KUKANOR YELBURGA, KOPPALA 583 232.

39. SANTHOSHRADDY (APPLICATION NO.1100668) S/O SUBHASRADDY METI AGED ABOUT 35 YEARS AT BISARAHALLI KOPPALA, KOPPALA 583 238.

40. GOPAL (APPLICATION NO.1000017) S/O LALA SANGAPPA LAMBANI AGED ABOUT 37 YEARS NO.336 17TH B CROSS 33RD MAIN, J P NAGAR 6TH PHASE BENGALORE BENGALORE SOUTH BENGALURU URBAN 560 078.

41. SUBHAS (APPLICATION NO.1010101) S/O BHEERAPPA HATTI AGED ABOUT 25 YEARS GURUVINA MATH COLONY

AT KUKANOOR YELBURGA KOPPALA 583 232.

42. RAGHU H S (APPLICATION NO 1010099) S/O SIDDAIAH AGED 30 YEARS HULIBELE JANATHA COLONY (V) HORALAGALLU (POST) KANAKAPURA (TQ), RAMANAGARA (D).

43. PADMAPPA SIDDAKKANAVAR (APPLICATION NO 1104221) S/O BASAPPA AGED 29 YERS PLOT NO 19 SAIBASAVA LAYOUT SSLC /JOC NEAR SAIBABA TEMPLE, KELGERI ROAD DHARWADA 580001.

44. SANJEEVKUMAR SHIVAPPA (APPLICATION NO 1206662) S/O SHIVAPPA AGED 28 YERS CHAKRASALI, JADARA ONI NARGUND, GADAGA 582206.

45. KESHAV NARAYAN THAMBER (APPLN NO 1100726) S/O NARAYANA AGED 28 YEARS H N O 63/64, SSLC/JOC INDRAPRASTHA NAGAR ANADN NAGAR ROAD HUBBALI, DHARWADA 580024

... RESPONDENTS (BY MR. FAYAZ SAB B.G. ADV., FOR C/R7 MRS. PRATHIMA HONNAPURA, AGA FOR R1 TO R3)

---

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 19/08/2021 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.3077/2019 (S-RES), AND ALLOW WRIT PETITION BEARING WP NO.3077/2019 (S-RES).

THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:

JUDGMENT

This intra Court appeal takes an exception to

order dated 19.08.2021 passed by learned Single

Judge in W.P. No.3077/2019, by which writ petition

filed by the appellants seeking a writ of mandamus to

the respondents to issue orders of appointments, in

terms of their selection dated 16.09.2017, has been

dismissed.

2. Facts giving rise to filing of this appeal

briefly stated are, that Department of Municipal

Administration issued a Notification dated 06.04.2016

by which 211 posts of Work Inspector in the

Department of Urban Administration were notified, for

filling up from amongst the eligible candidates. The

appellants as well as several candidates participated

in the aforesaid process of selection. A final select list

was published on 16.09.2017. Thereafter, by an

endorsement dated 25.09.2017, the appellants as well

as other successful candidates were informed that

they have cleared the examination. The appellants,

thereupon, approached the Director, Department of

Municipal Administration namely, the appellate

authority seeking letters of appointment. However,

letters of appointment were not issued to the

appellants.

3. The appellants, thereupon, approached this

Court by filing writ petition in which a writ of

mandamus was sought directing the respondents to

issue letters of appointment. The learned Single

Judge by an order dated 19.08.2021 has dismissed

the writ petition. In the aforesaid factual background,

this writ appeal has been filed.

4. Learned Senior Counsel for the appellants

submitted that respondents cannot be permitted to

act in an arbitrary manner and decision not to fill up

has to be taken for bonafide and appropriate reasons.

It is further submitted that, the State Government

instead of issuing orders of appointment, abolished

the post of Work Inspector itself and the aforesaid

decision is arbitrary and unreasonable.

5. We have considered the submissions of

learned Senior Counsel for the appellants and have

perused the records. It is trite law that no candidate

has indefeasible right to seek an appointment, merely

because his name appears in the select list. (See S.S.

BALU v. STATE OF KERALA1 and DINESH KUMAR

KASHYAP & OTHERS v. SOUTH EAST CENTRAL

(2009) 2 SCC 479

RAILWAY AND OTHERS2). The only issue which

requires to be examined is whether the decision of the

Government to abolish the posts is either arbitrary or

malafide. It is pertinent to note that, the aforesaid

decision has not been challenged by the appellants on

the ground that the same is malafide. From perusal

of Government Order dated 05.01.2021, it is evident

that decision to abolish the post in question has been

taken on the ground that the works performed by

Work Inspectors has resulted in gross duplication of

works and that of other cadres in the Department of

Municipal Administration. Thus, the decision to

abolish the post which is in the realm of policy has

been taken bonafide.

6. It is trite law that merely because vacancies

have been notified, the State is not under an

obligation to fill up the vacancies. The decision to

(2019) 12 SCC 798

abolish the post has been taken for a valid and cogent

reasons which cannot be termed as arbitrary.

7. For the aforementioned reasons, we do not

find any ground to differ with the view taken by the

learned Single Judge.

In the result, the appeal fails and is hereby

dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

SS