Karnataka High Court
Sri Guru T K vs Karnataka Legislative Assembly on 30 January, 2025
Author: S.G.Pandit
Bench: S.G.Pandit
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WP No. 14388 of 2023
C/W WP No. 13561 of 2023
WP No. 26066 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
W.P.NO.14388/2023 (S-RES)
C/W
W.P.NO.13561/2023 AND
W.P.NO.26066/2023 (S-RES)
IN W.P. NO. 14388/2023
BETWEEN:
ARUNA K.P.,
AGED ABOUT 24 YEARS,
S/O PUTTASWAMY,
KODIHALLI VILLAGE AND POST,
KANAKAPURA TALUK,
RAMANAGARA DIST-562119.
Digitally signed ...PETITIONER
by (BY SRI. BOLA VEDVYAS SHENOY, ADV.)
MARIGANGAIAH
PREMAKUMARI
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA
REP. BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BENGALURU-560001.
2. KARNATAKA LEGISLATIVE ASSEMBLY
SECRETARIAT
THROUGH ITS SECRETARY,
P.B.NO.5074, VIDHANA SOUDHA,
BENGALURU-560001.
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WP No. 14388 of 2023
C/W WP No. 13561 of 2023
WP No. 26066 of 2023
3. ARJUN N S/O NAGARAJU,
AGED MAJOR,
NO.69, BAGALOORU,
BANAGALORE NORTH TALUK,
BANGALORE-562149.
4. NEELAPPA THALAVAR S/O IRAPPA,
AGED MAJOR,
NO.51, VENKATESHWARA NILAYA,
3RD CROSS, VINAYAKA LAYOUT,
MALLATTHAHALLI,
BANGALORE-560056.
5. RAVI KUMAR K S
AGED MAJOR,
S/O LATE SHIVARAMEGOWDA,
KOCHAHALLI VILLAGE,
NO.115, GODENAHALLI POST,
BINDIGANAVILE HOBLI,
NAGAMANGALA TALUK,
MANDYA DIST-571448.
6. MATAPATHI MUKAMBIKA
AGED MAJOR,
D/O ANANDA S K,
DAPIDAR HOUSE,
MUKAMBIKA NILAYA,
ULLURU, MUDLAKATTE POST,
KUNDAPURA TALUK,
UDUPI DIST-576217.
7. KAVYASHREE N
AGED MAJOR,
W/O BASAVARAJU M N,
KANCHAGHATTA,
HOSA BADAVANE,
CHURCH OPPOSITE,
TIPATOORU, TUMAKUR DISTRICT.
8. MANJULA M N
AGED MAJOR,
W/O SATHISH,
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WP No. 14388 of 2023
C/W WP No. 13561 of 2023
WP No. 26066 of 2023
NO.122, WARD NO.5,
POLICE PARADE FIELD NEAR,
M G ROAD,
CHIKKABALLAPURA-562101.
9. NANDINI K D
AGED MAJOR,
D/O DHARMAPPA K E,
JAYARAMA BUILDING,
VISHAL ENGLISH SCHOOL NEAR,
SHRIKANTAPURA (ANCHEPALYA),
NAGASANDRA POST,
BANGALORE-560073.
10. RANJAN,
AGED MAJOR,
S/O MADHUSUDHAN,
NO.144, CHIKKA MASIDI BEEDI,
GUNDLAPETE TOWN,
CHAMARAJANAGARA DIST-571111.
11. ANURADHA H L
AGED MAJOR,
W/O HARISH D,
HIREHALLI POST-572168,
TUMAKURU TALUK AND DISTRICT,
URDIGERE HOBLI.
12. HANUMANTHA SIDDAPPA KERAKALLAMATTI,
AGED MAJOR,
S/O SIDDAPPA, MUKHAM POST,
KATARAKI, BILAGI TALUK,
BAGALKOT DIST-587116.
13. SAMARINAJ SHIRANAL
AGED MAJOR,
D/O DAVAL SAB,
SHAHAPETA GALLI,
STATION BANK ROAD,
KUMABARA KIRANI ANGADI NEAR,
VIJAYAPURA TALUK AND DISTRICT.
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WP No. 14388 of 2023
C/W WP No. 13561 of 2023
WP No. 26066 of 2023
14. SURESH
AGED MAJOR,
S/O PUTTAMADAIAH,
GOWTHAM BADAVANE,
YALANDURU TOWN,
CHAMARAJANAGARA DIST.-571441.
15. SIDDAGANGAIAH,
AGED MAJOR,
S/O THIMAIAH,
KOTTIGE GOLLAHALLI VILLAGE AND POST,
GULURU HOBLI,
TUMKURU TALUK AND DIST-572104.
...RESPONDENTS
(BY SRI.REUBEN JACOB AAG A/W
SRI B.J. ESHWARAPPA, AGA FOR R1 AND R2
SRI R SUBRAMANYA, ADV. FOR
SRI SUDHINDRA MURTHY V., ADV. FOR R3 TO R15)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE FINAL
SELECTION LIST (ANNEXURE-F) FOR THE POST OF DALAYAT
RELEASED IN PURSUANCE OF NOTIFICATION BEARING NO. KA
VI SA SA/A-1/54/NE NE BH MA -1/2021 DATED 26.04.2022
AND DIRECTING R1 AND 2 TO APPOINT THE PETITIONER
BASED ON HIS MARKS AND ELIGIBILITY TO THE POST OF
DALAYAT IN 2A-RURAL CATEGORY OR GM-RURAL CATEGORY.
IN W.P. NO. 13561/2023
BETWEEN:
1. SMT. PRIYANKA HUGGENNAVARU
W/O HANAMAPPA KURUBAR,
AGED ABOUT 28 YEARS,
R/AT NO.143/2, 2ND MAIN ROAD,
MARENAHALLI, VIJAYANAGAR,
BENGALURU - 560 001.
2. SHOBHA S
W/O SANTHOSH. C,
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WP No. 14388 of 2023
C/W WP No. 13561 of 2023
WP No. 26066 of 2023
AGED ABOUT 38 YEARS,
R/AT NO.302, 3RD FLOOR,
14TH MAIN ROAD, (VAISHNAVI HEAVENS)
2ND STAGE, KUMARASWAMY LAYOUT,
BENGALURU - 560 078.
...PETITIONERS
(BY SRI. RAJESWARA P. N., ADV.)
AND:
1. THE HON'BLE SPEAKER
KARNATAKA LEGISLATIVE ASSEMBLY,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE KARNATAKA LEGISLATIVE ASSEMBLY
SECRETARIAT,
VIDHANA SOUDHA,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001,
REP. BY ITS PRINCIPAL SECRETARY.
3. SHASHIKALA S
D/O SIDDALINGAIAH,
AGE: MAJOR,
R/AT NO.92, 1ST MAIN ROAD,
1ST CROSS, MUNESHWARA NAGAR,
PATTEGARAPALYA,
BENGALURU - 560 079.
4. BASAVARAJ D
S/O LATE DODDAMAYIGAIAH,
AGE: MAJOR,
R/AT DKS DODDI, YERANGERE,
BICHAHALLI POST,
KODIHALLI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 119.
5. ARJUN N S/O NAGARAJU,
AGE: MAJOR,
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WP No. 14388 of 2023
C/W WP No. 13561 of 2023
WP No. 26066 of 2023
R/AT NO.69, BAGALURU,
BENGALURU NORTH TALUK,
BENGALURU - 562 149.
6. NEELAPPA TALAVAARA
S/O ERAPPA,
AGE: MAJOR,
R/AT NO.51, VENKATESHWARA NILAYA,
3RD CROSS, VINAYAKA LAYOUT,
MALLATHALLI,
BENGALURU - 560 056.
7. RAVIKUMAR, S
S/O LATE SIDDARAJU,
AGE: MAJOR,
R/AT NO.14/308, AMBEDKAR BEEDI,
MUDIGUNDA, KOLLEGALA TOWN,
CHAMARAJANAGAR DISTRICT - 571 440.
8. MOOKAMBIKA
D/O S.K. ANAND,
AGE: MAJOR,
R/AT MOOKAMBIKA NILAYA,
ULLURU, MOODALAKATTE POST,
KUNDAPURA TALUK,
UDUPI DISTRICT - 576 217.
9. MANJULA M.N. W/O SATHISH,
AGE MAJOR,
R.AT NO.122, WARD NO.5,
NEAR POLICE PARADE GROUND,
M G ROAD,
CHIKKABALLAPURA-562 101.
10. RANJAN S/O HARSHA D,
AGE. MAJOR,
11. NANDINI K.D D/O HARSHA D,
AGE. MAJOR
12. ANURADHA H.L D/O HARSHA D,
AGE. MAJOR,
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WP No. 14388 of 2023
C/W WP No. 13561 of 2023
WP No. 26066 of 2023
RESPONDENTS NO.10 TO 12 ARE
R/AT HEREHALLI POST,
UDRIGERE HOBLI,
TUMKUR DISTRICT - 572 168.
...RESPONDENTS
(BY SRI. REUBEN JACOB AAG A/W
SRI B.J. ESHWARAPPA, AGA FOR R1 AND R2
R3 TO R12 ARE SERVED)
THIS PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASHING THE
OFFICIAL MEMORANDUM BEARING NO. 1/80 2022 DATED
01.04.2023 ISSUED BY THE RESPONDENT 2 IN SO FAR AS
R3 TO 12 ARE CONCERNED AT ANNEXURE-A; DIRECTING
THE R1 AND 2 TO RECONSIDER THE MATTER AFRESH BY
PREPARING THE SELECTION LIST BASED ON THE
SELECTION METHOD AS PER APPENDIX-2 TO THE
GOVERNMENT ORDER DATED 20.6.1995 AT ANNEXURE-F
AND CONSEQUENTLY ISSUE APPOINTMENT ORDERS TO
THE P1 UNDER CATEGORY 2A AND P2 UNDER GENERAL
MERIT CATEGORY.
IN W.P. NO. 26066/2023
BETWEEN:
SRI GURU T K
S/O LATE KENCHEGOWDA
AGED ABOUT 37 YEARS
RESIDENT OF CHIKKANADODDI,
ABBUR POST,
CHANNAPATNA TALUK,
RAMANAGARA -562160.
...PETITIONER
(BY SRI. SOMEGOWDA A. N., ADV.)
AND:
1. KARNATAKA LEGISLATIVE ASSEMBLY
SECRETARIAT,
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WP No. 14388 of 2023
C/W WP No. 13561 of 2023
WP No. 26066 of 2023
PUBLIC INFORMATION OFFICER
VIDHANA SABE SACHIVALAYA
BANGALORE -560001
REP. BY ITS SECRETARY.
2. RAVI KUMAR K S
S/O LATE SHIVARAMEGOWDA,
RESIDING AT NO 115,
KOCHAHALLI VILLAGE,
GUDENAHALLI POST,
BANDIGANAVLLE HOBLI,
NAGAMANGALA TALUK,
MANDYA DISTRICT- 571448.
...RESPONDENTS
(BY SRI.REUBEN JACOB, AAG A/W
SRI B.J. ESHWARAPPA, AGA FOR R1
V/O DATED 06.08.2024 NOTICE TO R2 IS H/S)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE
FINAL LIST BEARING NO. NIL DATED 17.04.2023 IN PURSUANT
TO NOTIFICATION BEARING NO. PÀ«¸À¸À/D 1/54/£ÉãÉèsÀªÀiÁ-1/2021
(FINAL SELECTION LIST) (PRODUCED VIDE ANNEXURE-F TO
THE W.P. AND II) DIRECTING THE RESPONDENT TO APPOINT
THE PETITIONER FOR THE POST OF DALAYATH UNDER THE
CATEGORY OF GM RURAL.
THESE PETITIONS, COMING ON FOR HEARING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
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WP No. 14388 of 2023
C/W WP No. 13561 of 2023
WP No. 26066 of 2023
ORAL ORDER
The petitioners, non-selected candidates for the post
of Dalayat in the second respondent-Karnataka Legislative
Assembly Secretariat (for short "Secretariat") is before
this Court, questioning the final selection list (Annexure-F)
published under notification bearing No.
PÀ«¸À¸À/D 1/54/£ÉãÉèsÀªÀiÁ-1/2021 dated 26.04.2022 and also
praying for a writ of mandamus directing respondent
Nos.1 and 2 to appoint the petitioner to the post of
Dalayat based on their marks and eligibility under
reservation claimed or GM-Unreserved Category or GM-
Rural Category.
2. The brief facts of the case are that:
The second respondent-Karnataka Legislative
Assembly Secretariat by notification dated 26.04.2022
invited applications to fill up various posts in the second
respondent-Secretariat, including that of Dalayat. The
notification had notified 26 posts of Dalayat, with
classification of vacancy and details of reservation of 26
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Dalayat posts. Out of 26 posts of Dalayat, 3 posts were
backlog posts and 23 were regular posts. Out of 23 posts,
11 posts were classified for general merit and 12 for
reserved category candidates. The method of selection
was by way of written examination. The petitioner in
W.P.No.14388/2020 applied for the post of Dalayat,
claiming 2A Rural category. The petitioner was called for
written examination and in the written examination, the
petitioner had scored 45 marks. The written examination
was conducted through Karnataka Examination Authority
('KEA' for short) and the KEA on 15.02.2023 published
provisional merit list of candidates in terms of Annexure-E.
In the said provisional merit list, the petitioner is placed at
Sl.No.24 and marks is shown as 45. Thereafter, final
select list at Annexure-E is published under Notification
dated 26.04.2022, in which name of the petitioner is not
found. Questioning the said select list of Dalayats, the
petitioner is before this Court in this writ petition.
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3. The petitioner has made 12 selected candidates as
parties and they would represent the selected candidates.
4. Heard learned counsel Sri.Bola Vedvyas Shenoy for
petitioner and learned Additional Advocate General
Sri.Reuben Jacob along with Sri.B.J.Eshwarappa, learned
Additional Government Advocate for respondent Nos.1 and
2 and learned counsel Sri.R.Subramanya for
Sri.V.Sudhindra Murthy, learned counsel for respondent
Nos.3 to 15. Perused the entire writ petition papers.
5. Learned counsel for the petitioner would submit that
the select list published is totally opposed to the procedure
prescribed for selection and appointment in terms of
Karnataka Civil Services (Procedure for Selection of
Candidates during Recruitment) Act, 2018 (for short "2018
Act") and also opposed to the Government Order bearing
No.DPAR 2020 SBC 94 dated 03.05.1994 wherein detailed
procedures are laid down to prepare a selection list.
Learned counsel would submit that, on perusal of final
select list and the merit list at Annexure-E, it is seen that
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under general merit category, less meritorious candidates
than the petitioner are selected and appointed. Learned
counsel would also submit that the petitioner has secured
45 marks in the written examination whereas, the selected
candidates in general merit have scored only 43.75, 42.5
and lesser marks. Learned counsel would point out that a
candidate who has claimed reservation also could
participate or compete to the general merit posts. In the
instant case, it is his submission that second respondent-
Secretariat instead of first preparing the merit list and
selecting the candidates for general merit category,
adjusted the candidates who had claimed reservation and
thereafter proceeded to select the general merit
candidates which is totally a wrong approach and opposed
to 2018 Act. Thus, learned counsel would pray for
allowing the writ petition and to set aside the entire select
list, with a direction to the respondents to prepare the
select list of Dalayats in terms of provisions of 2018 Act.
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6. On the other hand, learned Additional Advocate
General Sri.Reuben Jacob for second respondent referring
to statement of objections as well as the affidavit dated
30.01.2025 submits that a candidate who had secured
highest marks in each category of reservation was
adjusted against that reserved post and thereafter the
general merit posts were taken up for adjustment. He
fairly admits that the second respondent has failed to
follow provisions of 2018 Act. Learned Additional
Advocate General would submit that the petitioner was
considered for the post of Dalayat under 2A Rural category
and since under the said category, there were other
candidates who had secured more marks than the
petitioner, the petitioner was not selected. Thus, it is
prayed for passing appropriate order.
7. Learned counsel Sri.R.Subramanya appearing for
private respondent Nos.3 to 15 would submit that these
respondents are working as Dalayats for the last more
than 2 years and there is no misrepresentation on the part
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of these respondents. It is submitted that they are the
bonafide appointees as there is no mistake on their part
and nothing could be attributed against the private
respondents. He also submits that their appointment need
not be quashed. However, he submits that the second
respondent has issued one more Notification dated
25.10.2024 to fill up 16 posts of Dalayats and the said
Notification is stayed by this Court. Hence, he submits
that those vacancies could be made available for the
persons who are to be included in the present selection
process. Thus, he prays for saving the appointment of the
private respondents. In that regard, he places reliance on
the following decisions:
01. Civil Appeal No.6772-6773/2023 (Chaitra
Nagammanavar V/S State of Karnataka and others)
02. Punjab and Haryana High Court judgment in
CWP No.21347/2012 (Gurpreet Kaur V/S The State of
Punjab and others)
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03. In W.P.No.45779/2018 (S-KSAT)
(Sri.Vishwanath M Mudaraddi) V/S Sri.Veeresha K.M. and
others)
04. In W.P.No.57692/2014 c/w W.P.No.57693/2014
(Dr.K.V.Om Prakash V/S State of Karnataka and others)
05. Punjab and Haryana High Court judgment in CWP
No.9198/2015 (Saroj Bala V/S State of Haryana and
others)
06. In W.P.No.13592/2024 C/W W.P.no.4636/2024
(The Karnataka Public Service Commission V/S Sri.Riyaz
Karnachi and others)
8. Having heard the learned counsel for the parties and
on perusal of the writ petition papers, the only point which
falls for consideration is as to whether the selection list of
Dalayats published under Notification bearing No. PÀ«¸À¸À/D
1/54/£ÉãÉèsÀªÀiÁ-1/2021 dated 26.04.2022 and subsequent
appointment of selected candidates is legally sustainable?
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9. Answer to the above point would be in the negative
and the selection list is not legally sustainable, for the
following reasons:
Under Notification dated 26.04.2022 (Annexure-A),
the second respondent-Secretariat among other posts
invited applications to fill up 26 posts of Dalayats. Out of
26 posts, 3 posts were backlog posts. Out of 23 posts, 11
posts were meant for general merit candidates and 12
posts for reserved category candidates. As noted above,
selection was by way of written examination to be
conducted through KEA. The provisional merit list of
candidates is published by KEA on 15.02.2023
(Annexure-E). Thereafter, the second respondent
published select list under Annexure-E. The second
respondent-Secretariat has published select list without
providing opportunity to the candidates to file objections
or suggestions. If the second respondent-Secretariat had
published provisional select list providing opportunity,
situation would have been different.
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10. 2018 Act lays down the procedure of selection and
publication of final select list and additional list. Section 2
reads as follows:
"2. Procedure of selection of
candidates for competitive main
examination, preliminary test, final select
list and additional list:- Notwithstanding
anything contained in any Act or rules made or
deemed to have been made under the
Karnataka State Civil Services Act, 1978
(Karnataka Act 14 of 1990) relating to method
of recruitment and selection to any service or
post under the State, every selection Authority
shall,-
(i) while preparing a list of eligible
candidates in the ratio prescribed for
competitive main examination; or
(ii) while preparing a list of eligible
candidates in the ratio prescribed for
personality test;
Prepare a list of eligible candidates in the
ratio in which candidates are to be called for, in
the following procedure, namely:-
(a) The concerned selection Authority
shall first prepare consolidated list of all
eligible applicants irrespective of their
caste, tribe, class and arrange them in the
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order of merit without considering their
caste, tribe or class belong to (hereinafter
called the First List).
(b) The selection Authority shall then
prepare from out of the First List, a
second list (hereinafter called the Second
List) containing the names of applicants
equal to the number of candidates
required to be called for in the ratio
prescribed in respect of posts to be filled
up on the basis of general merit without
considering their caste, tribe or class (i.e.,
the number of posts other than those
reserved in favour of Scheduled Castes,
Scheduled Tribes and other Backward
Classes) arranging them in the order of
merit commencing with the first name in
the First List.
(c) The selection Authority shall then
prepare from out of the First List,
excluding the portion forming the Second
List, a third list (hereinafter called the
Third List) containing the names of
applicants belonging to the Scheduled
Castes, Scheduled Tribes and other
groups of Backward Classes equal to the
number of candidates required to be
called for in the ratio prescribed with
reference to the posts reserved for each
reserved category in the order of merit
determined in the First List.
(iii) while preparing a Final Selection list
for appointment; and
(iv) while preparing a Additional list.
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(a) The concerned selection Authority
shall first prepare consolidated list of all
eligible applicants irrespective of their caste,
tribe, class and arrange them in the order of
merit without considering their caste, tribe
or class belong to (hereinafter called the
First List).
(b) The selection Authority shall then
prepare from out of the First List, a second
list (hereinafter called the Second List)
containing the names of applicants equal to
the number of posts to be filled up on the
basis of general merit without considering
their caste, tribe or class (i.e., the number
of posts other then those reserved in favour
of Scheduled Castes, Scheduled Tribes and
other Backward Classes) arranging them in
the order of merit commencing with the first
name in the First List.
(c) The selection Authority shall then
prepare from out of the First List excluding
the portion forming the Second List, a third
List (hereinafter called the Third List)
containing the names of applicants
belonging to the Scheduled Castes,
Scheduled Tribes and other groups of
Backward Classes equal to the number of
vacancies reserved for each reserved
category in the order of merit determined in
the First List.
(d) The selection Authority shall then
prepare a final list (which may called the
Main List) of selected candidates for
appointment to the category of posts for
which selection is made by arranging the
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names of candidates included in the Second
List and the Third List in the order of merit.
(e) Where the Additional List has to be
prepared in accordance with rules of
recruitment, the Selecting Authority shall
prepare the additional list by adopting the
method mentioned at (a), (b), (c) and (d)
above, from among the name excluding the
names which are included in the Main list,
from the first list.
Provided that, despite providing
concession of fees, age or other relaxation
given to a candidate belonging to the
Scheduled Castes or Scheduled Tribes or other
backward classes, he shall be considered as a
general merit candidate on the basis of merit in
every level of selection for competitive main
examination, personality test, final selection list
or additional selection list."
The above provision lays down the procedure for preparing
a list of eligible candidates in the ratio prescribed for
competitive main examination or a list of eligible
candidates in the ratio prescribed for personality test; and
procedure for preparing final selection list for appointment.
The concerned Selection Authority shall prepare a
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consolidated list of all eligible applicants irrespective of
their caste, tribe, class and arrange them in the order of
merit without considering their caste, tribe or class which
would be First List. The Selection Authority shall then
prepare from out of the first list, a second list containing
the names of applicants equal to the number of candidates
required to be filled up on the basis of general merit
without considering their caste, tribe or class, arranging
them in the order of merit commencing from the first
name in the First List. Thereafter, the Selection Authority
shall prepare from out of the First List, excluding the
portion forming the Second List, a Third List containing the
names of applicants belonging to Scheduled Castes,
Scheduled Tribes and other groups of Backward Classes
equal to the number of candidates required to be called for
in the ratio prescribed with reference to posts reserved for
each reserved category in the order of merit determined in
the First List. Then the selection Authority shall prepare a
final list of selected candidates for appointment in the
category of posts for which selection is made by arranging
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the names of candidates included in the second list and
third list in the order of merit. In the instant case, the
second respondent-Secretariat has given a go-by to the
above stated procedure and it has adopted its own method
or procedure which is contrary to the provisions of 2018
Act. The statement of objections and affidavit of the
second respondent dated 30.01.2025 indicates that
selection list was prepared first selecting reserved
candidates and thereafter the general merit candidates,
forgetting the fact that even reserved candidates could
compete for the posts meant for general merit.
11. The Hon'ble Supreme Court in SOURAV YADAV
AND OTHERS v/s STATE OF UTTAR PRADESH AND
OTHERS reported in (2021) 4 SCC 542 at paragraph 26
has held as follows:
"26. The principle that candidates belonging
to any of the vertical reservation categories are
entitled to be selected in "Open or General
Category" is well settled. It is also well accepted
that if such candidates belonging to reserved
categories are entitled to be selected on the basis
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of their own merit, their selection cannot be
counted against the quota reserved for the
categories for vertical reservation that they belong.
Apart from the extracts from the decisions of this
Court in Indra Sawhney [Indra Sawhney v. Union of
India, 1992 Supp (3) SCC 217 : 1992 SCC (L&S)
Supp 1] and R.K. Sabharwal [R.K.
Sabharwal v. State of Punjab, (1995) 2 SCC 745 :
1995 SCC (L&S) 548] the observations by the
Constitution Bench of this Court in V.V. Giri v. D.
Susi Dora [V.V. Giri v. D. Susi Dora, (1960) 1 SCR
426 : AIR 1959 SC 1318] , though in the context of
election law, are quite noteworthy : (AIR pp. 1326-
27, paras 21-22)
"21. ... In our opinion, the true position is
that a member of a Scheduled Caste or Tribe
does not forego his right to seek election to the
general seat merely because he avails himself
of the additional concession of the reserved
seat by making the prescribed declaration for
that purpose. The claim of eligibility for the
reserved seat does not exclude the claim for
the general seat; it is an additional claim; and
both the claims have to be decided on the
basis that there is one election from the
double-Member constituency.
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22. In this connection we may refer by way
of analogy to the provisions made in some
educational institutions and universities
whereby in addition to the prizes and
scholarships awarded on general competition
amongst all the candidates, some prizes and
scholarships are reserved for candidates
belonging to backward communities. In such
cases, though the backward candidates may
try for the reserved prizes and scholarships,
they are not precluded from claiming the
general prizes and scholarships by competition
with the rest of the candidates."
In the above decision, the Hon'ble Apex Court in detail has
made it clear that candidates belonging to reserved
categories are entitled to be selected on the basis of their
own merit and such selection cannot be counted against
the quota reserved for the categories for vertical
reservation that they belong.
12. Since the second respondent-Secretariat has failed to
follow the procedure prescribed under 2018 Act which has
resulted in selection of less meritorious candidates in
general merit and the reserved candidates have lost their
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chance to participate or compete for general category
posts, the selection list at Ann-F requires interference.
13. Learned counsel Sri.R.Subramanya appearing for
private respondent Nos.3 to 15 submits that since the
respondents have not misrepresented and there is no role
played by these respondents, their appointments shall be
saved placing reliance on the judgments of Hon'ble Apex
Court. It is to be noted that appointees who are
respondent Nos.3 to 15 are the beneficiaries of illegality
committed by the respondent-authorities. Some of the
respondents are not entitled for selection and
appointment, but for the illegal procedure followed by the
second respondent-Secretariat. It is settled position of
law that a person who is appointed erroneously or contrary
to law, would not get right to continue in the appointed
post. In the instant case also, there may not be any
mistake on the part of the selected candidates, but they
are the beneficiaries of the illegality of second respondent.
Therefore, they would not be entitled to continue, but if
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they fall within the zone of selection, they would be
entitled for selection, when the second respondent-
Secretariat takes action to follow the procedure prescribed
under 2018 Act and publishes the select list.
14. For the reasons recorded above, the following order:
(i) The writ petition is allowed. Selection list of
Dalayats published under Notification bearing PÀ«¸À¸À/D
1/54/£ÉãÉèsÀªÀiÁ-1/2021 dated 26.04.2022 and consequential
appointments are quashed.
(ii) The second respondent-Secretariat is directed
to prepare and publish at the first instance provisional
select list by following the procedure prescribed under
Section 2 of 2018 Act, inviting objections/suggestions and
thereafter to take steps to publish the final select list of
Dalayats, in accordance with law.
(iii) Till the final select list is published as directed
above, the selected candidates under notification dated
26.04.2022 shall continue and once the final select list is
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published in accordance with law, as stated above, the
private respondents have no right to continue, unless they
find place in the fresh final select list to be published.
(iv) Time for compliance: Two months from today.
In W.P.No.13561/2023:
This writ petition is disposed of in terms of the order
passed in W.P.No.14388/2023.
In W.P.No.26066/2023:
This writ petition is disposed of in terms of the order
passed in W.P.No.14388/2023.
Sd/-
(S.G.PANDIT)
JUDGE
MPK
CT:bms
