Writ Petition No. 17228 of 2021 · The High Court
Case Details
- 1 - NC: 2025:KHC:6564 WP No. 17228 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 17228 OF 2021 (S-RES) BETWEEN: SRI. SUHAS.S S/O SHIVASHANKARAIAH K AGED ABOUT 31 YEARS, NO.61, “AMMA” GANGADHARAPPA LAYOUT, PAPAREDDY PLAYA, 5TH CROSS NAGARBHAVI, BANGALORE-560072. (BY SRI. SATISH K., ADV.) AND: 1. BANGALORE WATER SUPPLY AND SEWERAGE BOARD REP. BY ITS ADMINISTRATIVE OFFICER CUM SECRETARY 1ST FLOOR, CAUVERY BHAVAN KG ROAD, BANGALORE-560009. 2. SRI MOHAN ARAKERI FATHER NAME NOT KNOWN TO THE PETITIONER MAJOR WORKING AS ASSISTANT ENGINEER CIVIL SECTION INDIAN SPACE RESEARCH ORGANIZATION, UR RAO SATELLITE CENTRE OLD AIRPORT ROAD, DOMLURU BANGALORE-560017. (BY SRI.B.L. SANJEEV, ADV. FOR R1 V/O DATED 03.02.2022 R2 IS H/S) PETITIONER …RESPONDENTS Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6564 WP No. 17228 of 2021 THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN RESPONDENT OF THE IMPUGNED FINAL SELECT LIST OF ASSISTANT ENGINEER (CIVIL) DATED 24.08.2021 VIDE ANNEXURE-L PASSED BY THE R-1; QUASH THE IMPUGNED FINAL SELECT LIST OF ASSISTANT ENGINEER (CIVIL) DATED 24.08.2021 ANNEXURE-L PASSED BY THE R-1 IN STATEMENT OF OBJECTIONS FAR AS ELECTION OF THE R2 IN THE MAIN LIST AND SELECTION OF THE PETITIONER IN THE ADDITIONAL LIST OF CONCERNED AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner is before this Court under Article 226 of the Constitution of India praying to quash the final select list of Assistant Engineer (Civil) dated 24.08.2021 bearing No.BWSSB/CHAMP/16-2019/EST32/32/2021-22
Legal Reasoning
issued by first respondent insofar as selection of second respondent in the main list and selection of the petitioner in the additional list with a prayer for a writ of mandamus directing the first respondent to include the name of the petitioner in the final select list of Assistant Engineer (Civil) in the main list under Scheduled Caste category. - 3 - NC: 2025:KHC:6564 WP No. 17228 of 2021 2. Brief facts of the case are that the petitioner as well as respondent No.2 being fully qualified and eligible, applied for the post of Assistant Engineer (Civil) in the first respondent – Bangalore Water Supply and Sewage Board (for short, ‘Board’) in pursuance of the notification dated 24.08.2018 (Annexure-G). The petitioner and respondent No.2 applied claiming reservation under Scheduled Caste category. Under the recruitment notification dated 24.08.2018, out of 33 posts of Assistant Engineer (Civil), two posts were reserved for Scheduled Caste category. The selection was by marks obtained in the competitive examination to be conducted by the first respondent- Board. In pursuance of the competitive examination and marks obtained by the candidates, the first respondent- Board published provisional select list of Assistant Engineer (Civil). In that, petitioner was placed at Sl.No.21 and the name of the respondent No.2 was not found since he had no prescribed qualification. However, when the final select list was published, the name of second respondent is included at Sl.No.26 and the petitioner was - 4 - NC: 2025:KHC:6564 WP No. 17228 of 2021
Legal Reasoning
pushed down to additional list and one Sri.Karthik Manju was selected under the Scheduled Caste category at Sl.No.29. However, the petitioner was appointed as Assistant Engineer (Civil) under additional list by order dated 13.09.2022, after presenting the present writ petition. 3. The grievance of the petitioner is that since respondent No.2 had no qualification as prescribed in terms of Recruitment notification dated 24.08.2018, the second respondent would not be entitled for selection and in place of second respondent, the petitioner would be eligible for selection as Assistant Engineer (Civil) in the main list. Learned counsel would submit that the qualification prescribed for the post of Assistant Engineer (Civil) was Degree in Civil Engineering and shall be a computer literate through passing minimum of six months duration course in Computer basics. Learned counsel would submit that the petitioner was not possessing qualification of Computer Literacy through passing six - 5 - NC: 2025:KHC:6564 WP No. 17228 of 2021 months duration course. It is submitted that during the course of recruitment, a gazette notification dated 17.07.2021 was issued to amend the qualification prescribed for recruitment to the post of Assistant Engineer (Civil) reducing the qualification of computer literacy of six months course to three months course, or exempting passing of computer literacy test if one has studied computer science as one of the subject at degree level. Learned counsel for the petitioner would submit that the recruitment ought to have taken place in terms of the qualification prescribed under notification dated 24.08.2018 and the Cadre and Recruitment Rules prevailed as on the date of inviting applications. He submits that once the recruitment process started or commenced, the respondent-Board had no jurisdiction to amend or change the qualification prescribed. Thus, learned counsel would submit that it would amount to changing the Rules, after commencement of the game. In that regard, learned counsel places reliance on the decision of the Hon'ble Apex Court in the case of TEJ - 6 - NC: 2025:KHC:6564 WP No. 17228 of 2021 PRAKASH PATHAK & OTHERS VS. RAJASTHAN HIGH COURT & OTHERS (CIVIL APPEAL No.2634 OF 2013 dated 07.11.2024). Thus, learned counsel would pray for quashing the selection of rspno.2 and to direct respondent No.1 to include the name of the petitioner in the main list. 4. On the other hand, learned counsel Sri.B.L.Sanjeev for respondent-Board referring to the statement of objections filed on behalf of the Board would submit that 2 posts were reserved for Scheduled Caste category and based on the qualification and marks scored in the competitive examination, second respondent as well as one Sri.Karthik Manju who had scored 233.00 and 228.50 respectively were selected and the petitioner who had scored 225.25 was rightly selected and placed in additional list. He also submits that the petitioner was appointed from the additional list as Assistant Engineer by order of appointment dated 13.09.2022. Further, learned counsel would submit that under Notification dated 17.07.2021, the Board published draft notification to amend the Cadre - 7 - NC: 2025:KHC:6564 WP No. 17228 of 2021 and Recruitment Rules and one of the amendments proposed was to amend one of the qualifications prescribed for the post of Assistant Engineer. It is further submitted that earlier Cadre and Recruitment Rules prescribed 6 months duration course in Computer Basics and draft amended Rules prescribed 3 months basic course in Computer and if a candidate who studied Computer as one of the subjects in the qualifying examination, he is exempted from having certificate of separate 3 months course in Computer. Thus, learned counsel would submit that the amendment had not made much difference. Thus, learned counsel would pray for
Decision
dismissal of the writ petition. 5. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, the only point which falls for consideration is as to whether the respondent-Board could have changed the qualification during the course of recruitment process? - 8 - NC: 2025:KHC:6564 WP No. 17228 of 2021 6. Answer to the above point would be in the negative for the following reasons: Under Recruitment Notification dated 24.08.2018 (Annexure-G) first respondent-Board invited applications to fill up various posts including that of Assistant Engineer (Civil). Out of 33 posts notified, 2 posts were reserved for Scheduled Caste category candidates. The selection was on the basis of marks obtained in the competitive examination to be conducted by the first respondent- Board. The qualification prescribed for the post of Assistant Engineer (Civil) was that one should possess Civil Engineering Degree and shall be a computer literate by passing 6 months duration course in Computer basics. On the basis of the qualification prescribed under the Notification and on the basis of competitive examination, the first respondent-Board published the provisional select list under notification dated 22.02.2020 wherein the petitioner’s name appeared at Sl.No.21 and one Sri.Karthik Manju at Sl.No.20, for 2 posts reserved for Scheduled Caste category candidates. The name of - 9 - NC: 2025:KHC:6564 WP No. 17228 of 2021 second respondent was not found in the provisional select list of Assistant Engineers. When the final select list was published under Notification dated 24.08.2021, the name of the second respondent appeared at Sl.No.26 and the name of the petitioner was pushed down to additional list and one Sri.Karthik Manju was selected for the second Scheduled Caste post at Sl.No.29. 7. Learned counsel for the petitioner contended that the name of second respondent was not found place in provisional list since he had no qualification of 6 months duration course in computer and he had only two months course Certificate. In that regard, learned counsel invites attention of this Court to the application of the second respondent which is placed on record by learned counsel for the first respondent-Board along with memo dated 28.01.2025. The application submitted by the second respondent would clearly indicates that he had qualification of degree in Civil Engineering and possessed Certificate Course in Computer basis of 2 months i.e., from - 10 - NC: 2025:KHC:6564 WP No. 17228 of 2021 06.05.2019 to 18.07.2019. Admittedly, he had no Certificate of 6 months course in Computer basics. As could be seen from the statement of objections of the second respondent, on the basis of decision taken by the Director, Recruitment Verification Committee on 21.01.2021, the name of the second respondent is included in the final select list. Admittedly, respondent No.2 had no qualification as prescribed under recruitment notification dated 24.08.2018. Even assuming that the second respondent was included in the final select list based on the draft amendment to recruitment rules, the same could not have been followed. If the selection of respondent No.2 is on the basis of draft amendment to Cadre and Recruitment Rules, then it would amount to changing rules of the game on commencement of game, which would be against the decision of the Hon'ble Apex Court in TEJ PRAKASH PATHAK (supra). The petitioner is selected in the additional list and he was subsequently appointed as Assistant Engineer. As the second respondent was not qualified to be selected, the selection - 11 - NC: 2025:KHC:6564 WP No. 17228 of 2021 needs to be quashed. Consequently, the petitioner would be eligible for selection as Assistant Engineer under Scheduled Caste category in the main list. 8. Learned counsel Sri.B.L.Sanjeev submits that selection of second respondent is cancelled by order dated 19.03.2022 since he failed to report to duty at first respondent-Board. 9. Hence the following order: The writ petition is allowed. The selection of second respondent to the post of Assistant Engineer (Civil) in Scheduled Caste category is quashed. Consequently, respondent No.1 is directed to move the petitioner who was selected under additional list to the main list of Scheduled Caste category candidates to the post of Assistant Engineer (Civil), with all consequential benefits. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms