Writ Petition No. 18924 of 2023 · Karnataka High Court · 2024

4. SRI VISHWANATH G N S/O NAGARAJAPPA G S AGED ABOUT 35 YEARS NO 551/09, NEAR DURGAMBIKA SCHOOL SARASWATI NAGAR, DAVANGERE-577004 (SL NO 37, IN THE PROVISIONAL SELECTION LIST DATED 04-07-2019, NO (2)609/19-20/PSC).

5. NAYEES KHAN PATHAN S/O GAFOOR KHAN PATHAN AGED ABOUT 48 YEARS AZAD NAGAR HIREKEBUR TQ HIREKERUR, HAVERI-581111 (SL NO 57, IN THE PROVISIONAL SELECTION LIST DATED 04-07-2019, BEARING NO.R(2)609/2019-20/PSC).

6. SRI DEEPAK T N SRI NARAAN AGED ABOUT 30 YEARS PUNYAKOTI NILAYA 1ST MAIN, 5TH CROSS ADARSHNAGARA, TUMKUR 572103 (SL NO 59, PROVISIONAL SELECTION LIST DATED 04-07-2019;BEARING NO (2)609/2019-20/PSC).

7. SANTHOSHKUMAR D R S/O D C RAMU AGED ABOUT 38 YEARS 191, GOWRIKESHAVA NILAYA 1ST PHASE, 2ND CROSS VIVEKANANDA BLOCK TEACHERS LAYOUT, MYSURU 570011 (SL NO 71, PROVISIONAL SELECTION LIST DATED 04-07-2019; BEARING NO (2)609/19-20/PSC).

8. ASHWIN KUMAR N S/O NAGAIAH R AGED ABOUT 33 YEARS - 3 - NC: 2024:KHC:16076-DB WP No. 18924 of 2023 NO.9, SRI MANJUNATHA NILAYA 4TH CROSS, VIVEKANANDA LANE MARUTHI NAGARA, YELAHANKA BENGALURU URBAN - 560064 (SL NO 75, PROVISIONAL SELECTION LIST DATED 04-07-2019; BEARING NO (2)609/19-20/PSC).

9. MOHAMMED KHASIM R S/O ABDUL RAWOOF AGED ABOUT 44 YEARS C/O BHASKAR REDDY BUILDING 1ST FLOOR, H NO R-3 BEHIND KSRTC BUS DEPOT 1ST CROSS, AZAD NAGAR HOSAPETE, BALLARI 583201 (SL NO 76, IN PROVISIONAL SELECTION LIST DATED 04-07-2019; BEARING NO (2)609/19-20/PSC).

10. RAMESH K S/O KOGAR KRISHNAPPA AGED ABOUT 41 YEARS NO 128E, KADAMALAKUNTE PAVAGADA, TUMAKURU 561202 (SL NO 80, IN PROVISIONAL SELECTION LIST DATED 04-07-2019; BEARING NO (2)609/19-20(PSC).

11. CHANDAN KALE S/O MUTTANNA AGED ABOUT 36 YEARS TAYI NERALU BUILDING PLOT NO 2, AISHWARYA LAYOUT SAPTAPUR, DHARWAD 580001 (SL NO 107, IN PROVISIONAL SELECTION LIST DATED 04-07-2019/BEARING NO (2)609/19-20(PSC).

12. HARISH KUMAR K P S/O PUTTASWAMY AGED ABOUT 28 YEARS - 4 - NC: 2024:KHC:16076-DB WP No. 18924 of 2023 KODAMBHALLI VILLAGE AND POST VIRUPAKSHAPURA HOBLI CHANNAPATNA TALUK RAMANAGARA 562138 (SL NO 110, IN PROVISIONAL SELECTION LIST DATED 04-07-2019; BEARING NO (2)609/19-20 (PSC).

13. SMITHA CHENGAPPA A W/O CHETHAN H G AGED ABOUT 34 YEARS LAKSHMIVENKTATESHWARA NILAYA ASHOKPURA, SIDDAPURA ROAD KODAGU-571201 (SI. NO. 112 IN PROVISIONAL SECTION LIST BEARING NO.(2)609/19-20/PSC DATED 04-07-2019).

14. SANJAY M A S/O ANJANEYA AGED ABOUT 30 YEARS DOOR NO.423, SANJEEVARAYA KRUPA REDDY COLON, BASAVESHWARA BADAVENI BALLARI-583201 (SI NO. 04/HK IN PROVISIONAL SELECTION LIST BEARING NO.(2)609/19-20/PSC DATED 04-07-2019).

15. SRI LOKESH V R S/O RANGASHETTY V AGED ABOUT 37 YEARS R/AT NO.181, 7TH A CROSS BEHIND KTG COLLEGE BENGALURU NORTH-560091 (SI NO.87, IN THE PRIVISIONAL SELECTION LIST DATED 04-07-2019 BEARING NO.R(2)609/ 2019-20 (PSC).

16. THOKALA GOVINDAREDDY S/O T BHEEMAREDDY AGED ABOUT 46 YEARS - 5 - NC: 2024:KHC:16076-DB WP No. 18924 of 2023 WARD NO.2, SHANKARABADNE VILLAGE AND POST BALLARI TALUK BALLARI-583102 (SI NO.97, IN THE PROVISIONAL SELECTION LIST DATED 04-07-2019 BEARING NO.R(2)609/2019- 20/PSC).

17. SHIVAPUTRAPPA KATTIMANI S/O LALAPPA KATTIMANI AGED ABOUT 44 YEARS AT NEELANAGAR SHIRUR POST BAGALKOT-587120 (SI NO.66, IN THE PROVISIONAL SELECT LIST DATED 04-07-2019 BEARING NO.R(2) 609/2019- 20(PSC).

18. RAVIKUMAR G M S/O MAHALINGAPPA AGED ABOUT 42 YEARS NEAR WATER TANK KANAKANAGAR, V V EXTENSION HOSKOTE, BENGALURU RURAL-562114 (SI NO.40 IN THE PROVISIONAL SELECT LIST DATED 04-07-2019 BEARING NO. R(2) 609/2019-20(PSC).

19. SHIVANAND HOSALLI S/O NAGASHETTY AGED ABOUT 38 YEARS H NO.1-47, OLD MAILUR BIDAR-585401 (SI NO.11 HK IN THE PROVISIONAL SELECT LIST DATED 04-07-2019 BEARING NO. R(2) 609/2019-20(PSC).

20. MAHESH H N S/O H R NAGARAJU AGED ABOUT 46 YEARS HONNUDIKE, GULUR HOBLI TUMKUR TALUK TUMAKURU-572122, - 6 - NC: 2024:KHC:16076-DB WP No. 18924 of 2023 (SI NO.44 IN THE PROVISIONAL SELECT LIST DATED 04-07-2019 BEARING NO. R(2) 609/2019-20(PSC).

21. KRISHNAPPA CHAVAN S/O RAMU CHAVAN AGED ABOUT 39 YEARS MUGALOLLI LT 2 BAGALKOT 587111 (SI NO.94 IN THE PROVISIONAL SELECT LIST DATED 04-07-2019 BEARING NO. R(2) 609/2019-20(PSC).

22. MIRZA SHANSALAM BAIG S/O SHAMSALAM BAIG AGED ABOUT 37 YEARS NAGARESHWARA ROAD NEAR NAGRESHWARA TEMPLE BAASAVANNA CIRCLE KOPPAL-583227 (SI NO.08 HK IN THE PROVISIONAL SELECT LIST DATED 04-07-2019 BEARING NO. R(2) 609/2019-20(PSC).

23. VISHWANATH MALAGI S/O V S MALAGI AGED ABOUT 35 YEARS H NO.25, RAJENDRA NAGAR NEAR AKSHAY PARK GOKUL ROAD, HUBLI DHARWAD-580030 (SI NO.95 IN THE PROVISIONAL SELECT LIST DATED 04-07-2019 BEARING NO. R(2) 609/2019-20(PSC).

24. ARAVIND S TALAWAR S/O SURESH R TALAWAR AGED ABOUT 31 YEARS HANUMANAKOPPA STREET POST UPPIN BETAGERI, DHARWAD-581206 (SI NO.67 IN THE PROVISIONAL SELECT LIST DATED 04-07-2019 BEARING NO. R(2) 609/2019-20(PSC). - 7 - NC: 2024:KHC:16076-DB WP No. 18924 of 2023

25. MAHESHA S/O LATE MADANAIAKA AGED ABOUT 48 YEARS 102 MANJUNATHA PURAM GOKULAM 4TH STAGE MUSURU-570020 (SI NO.81 IN THE PROVISIONAL SELECT LIST DATED 04-07-2019 BEARING NO. R(2) 609/2019-20(PSC) …PETITIONERS (BY SRI. GIRI KUMAR S V - ADVOCATE) AND:

1. THE SECRETARY KARNATAKA PUBLIC SERVICE COMMISSION UDYOGASOUDHA BENGALURU 560001.

2. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF TRANSPORT M S BUILDING, BENGALURU 560001. (BY SRI. PRAKASH K M – ADVOCATE FOR REPONDENTS NO.1; SRI. VIKAS ROJIPURA – AGA FOR RESPONDENTNO.2) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 28.09.2022 ON A.No-1879- 1881/2022 AT ANNEXURE-B PASSED BY THE KSAT BANGALORE CONSEQUENTLY AND SET ASIDE THE ORDER BEARING No.PS C 187 R TB-2/21-22 (PART-2)/235 BENGALURU DATED 29.04.2022 VIDE (ANNEXURE-A7) IN KSAT A.Nos-1879- 1881/2022 PASSED BY THE FIRST RESPONDENT AND TO RESTORE THE PROVISIONAL LIST DATED 04.07.2019 BEARING NOTIFICATION ISSUE NO.R(2)609/2019-20/PSC DIRECTION TO IMPLEMENT THE ORDER DATED 25.08.2021 PASSED BY THE HON’BLE COURT IN WP No-6774/2020 C/W WP 9739/2020, Nos-8000/2020, 8462/2020, 9038/2020, AND - 8 - NC: 2024:KHC:16076-DB WP No. 18924 of 2023 9746/2020, 3219/2021(S-KSAT) (ANNEXURE-A3) PASSED BY THIS HON’BLE COURT BY FOR QUASHING THE IMPUGNED KPSC ORDER BEARING No.PSC187R/TB-2/21-22(PART-2)/235 BENGALURU DATED 29.04.2022 VIDE (ANNEXURE-A7). THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, K. SOMASHEKAR .J., MADE THE FOLLOWING: ORDER Learned counsel for the petitioners Sri Giri Kumar S.V. is present before the Court physically inclusive of learned counsel Sri K.M.Prakash for respondent No.1 and learned AGA for respondent No.2.

2. This writ petition is filed by the petitioners challenging the impugned order passed by the Karnataka State Administrative Tribunal, Bangalore in Application Nos.1879-1881/2022 dated 28.09.2022 and to set-aside the order bearing No.PSC 187 R TB-2/21-22 (Part-2)/235, Bengaluru dated 29.04.2022 and for other reliefs.

3. The case of the petitioners is that on 04.02.2016, the KPSC called for applications to fill up 150 posts of Motor Vehicle Inspectors. A total number of 225 candidates were selected for document verification. On - 9 - NC: 2024:KHC:16076-DB WP No. 18924 of 2023

04.07.2019, a provisional select list was published. On

05.07.2019, a list containing unselected candidates was published. Some of the unselected candidates approached the Tribunal and their applications were allowed directing the KPSC to proceed with the selection on the basis of merit and reservations without insisting on work experience certificates. On appeal filed by the State, this Court directed the KPSC to proceed with as per the recruitment notification dated 04.02.2016 which mandated the candidates to have work experience.

4. The KPSC vide notification dated 29.04.2022, withdrew both the select and the list of unselected candidates and published a new provisional select list on

30.04.2022. Being aggrieved by the new provisional select list, petitioners approached the KSAT and their applications have been dismissed. Hence, these writ petitions.

5. Shri Giri Kumar S.V. for the petitioners, assailing the withdrawal of the provisional list and publication of a - 10 - NC: 2024:KHC:16076-DB WP No. 18924 of 2023 new select list, mainly submitted that the direction issued by this Court has not been followed. It is further submitted that candidates are over-aged and at this juncture, if the previous provisional list is not proceeded with, it would put them in great hardships and the KPSC may be restrained from modifying the select list after six years from the date of commencing the selection process.

6. Counsel for the petitioners has facilitated copy of the order passed by a co-ordinate Bench of this Court in W.P.No.21217/2022 c/w W.P.No.24626/2022 disposed on

15.02.2024. He submits that the issues involved in the aforesaid writ petitions as well as this writ petition are similar in nature. Hence, this petition may be disposed of in terms of the order passed in the aforesaid writ petitions.

7. Shri. Prakash, for the KPSC, submitted that the KPSC is only a selecting authority and the selection has been made as per Cadre and Recruitment Rules of the Department. The new provisional list is done as per the directions issued by this Court. He urged that the right to - 11 - NC: 2024:KHC:16076-DB WP No. 18924 of 2023 challenge accrues only on the publication of final select list.

8. We have carefully considered rival contentions and perused the records.

9. The undisputed facts of the case are, the KPSC issued a notification dated 04.02.2016 inviting applications for 150 posts of Inspector of Motor Vehicles. A provisional select list was published on 04.07.2019 and a list of unselected candidates was published on 05.07.2019. Some of the unselected candidates approached the KSAT and their applications were allowed. On appeal, this Court directed the KPSC to strictly follow recruitment notification dated 04.02.2016. The KPSC vide notification dated

29.04.2022 has withdrawn both the lists containing selected and unselected candidates and published a new provisional select list on 30.04.2022. The candidates who have not been selected in the list dated 30.04.2022, are before this Court. - 12 - NC: 2024:KHC:16076-DB WP No. 18924 of 2023

10. Counsel for the petitioners has filed a memo stating that this petition may be disposed of in view of the order passed by this Court in W.P.No.21217/2022 and connected matter disposed on 15.02.2024.

11. Based on the submissions made by the learned counsel on both the sides and on perusal of the material available on record and so also, memo filed by the counsel for the petitioners, this petition is dismissed in terms of the order passed by a co-ordinate Bench of this Court in W.P.No.21217/2022 c/w W.P.No.24626/2022 disposed on

15.02.2024. Sd/- JUDGE Sd/- JUDGE DKB