The High Court
Case Details
- 1 - NC: 2025:KHC:4491 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. (BY SRI. BOLA VEDVYAS SHENOY, ADV.) …PETITIONER AND: 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. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4491 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, - 3 - NC: 2025:KHC:4491 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. - 4 - NC: 2025:KHC:4491 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.
Legal Reasoning
petitioner is before this Court in this writ petition. - 11 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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 - 12 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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
Arguments
(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) …RESPONDENTS 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, - 5 - NC: 2025:KHC:4491 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, - 6 - NC: 2025:KHC:4491 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, - 7 - NC: 2025:KHC:4491 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. (BY SRI. REUBEN JACOB AAG A/W SRI B.J. ESHWARAPPA, AGA FOR R1 AND R2 R3 TO R12 ARE SERVED) ...RESPONDENTS 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, - 8 - NC: 2025:KHC:4491 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. (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) ...RESPONDENTS 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 - 9 - NC: 2025:KHC:4491 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 - 10 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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
Decision
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. - 13 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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 - 14 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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) - 15 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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? - 16 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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. - 17 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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 - 18 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 order of merit without considering their caste, tribe or class belong to (hereinafter called the First List). to (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 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. - 19 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 (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 the Third List) List (hereinafter called containing applicants of the Scheduled Castes, belonging Scheduled Tribes and other groups of Backward Classes equal to the number of reserved vacancies category in the order of merit determined in the First List. for each the to reserved names (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 - 20 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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 rules of in accordance with prepared 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 - 21 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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 - 22 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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 - 23 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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. - 24 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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 - 25 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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 - 26 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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 - 27 - NC: 2025:KHC:4491 WP No. 14388 of 2023 C/W WP No. 13561 of 2023 WP No. 26066 of 2023 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 List No.: 1 Sl No.: 67