IN TFIE HIGH COURT OF KARNATAKA AT BANGALORE Dated: 6th day of May 2010 Present I Ion’ble Mr. Justice JAWAD RAHIM And IIon’ble Mr.Just ice K.GOVINDARAJULU WRIT PETITION No.15434/2010 (SKAT BETWEEN: SMT. GAYATIIRI. V.JOSHI, D/O. SRI VENKATESH JOSHI, AGED 24 YEARS, R/O BFIAGFIAVAN CHAL, NAVA AYODHYANAGAR, OLD HUBLI. DHARWAD DISTRICT. . . . PETITIONER (BY M/S K.SREEDHAR ASSOCIATES, ADVS.,) AND: 1. STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE SERVICES. (GENERAL) VIKASA SOUDHA, BANGALORE 560 001. 2. TIlE DIRECTOR OF HEALTH AND FAMILY WELFARE, ANANDARAO CIRCLE, BANGALORE — 560 009. 3. THE MEMI3ER SECRETARY, SPECIAL RECRUITMENT COMMITFEE, AND CHIEF A1)MINISTRATIVE OFFICER. I-1EALTH AND FAIvITLY WELFARE SER\1. ‘ES. ANANI)ARAO CIRCLE. BANGALORE - 560 009. * . .RESPONDENTS. (BY SRI M. B .VISHWANATH. AGA) WRIT PETITION IS FILEI) UNI)ER ARTICLE 226 OF THE CONSTITUTION OF iNDIA PRAYING TO SET ASIDE THE ORDER DAFED 23 042010 IN APPLICATION NO.2029/10 AS PER ANNEXURE-A WITH A DIRECTION TO THE TRIBUNAL TO DECIDE THE MAYFER ON ITS MERI’I S BEFORE PERMIYPING THE PUBLICATION OF FINAL SELECT LIST. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING BEFORE THE COURT THIS DAY, JAWAD RAHIM, J PASSED THE FOLLOWING: - ORDER The modified interim order at Annexure-A dated 23-4-2010 passed by the Karnataka Administrative Tribunal, Bangalore, in Application No.2029/2009. is questioned in this writ petition. 2. The petitioner’s grievance is, she has passed SSLC and also three years Diploma in Health Inspectors Course conducted by Para Medical Board and is fully qualified to be appointed as Jumor Health Assistant. Relying upon the copy of the certjficates. she approacheci I he Tribunal scck1n as principal piyei a direct ion to 3(1 -3- respondent to carve-out and reserve 30% of the posts in the category of Junior Health Assistant (Pay Scale Rs.6250 — 1200). Acceptirg her request for interim relief, the Tribunal had passed order of interim stay, which later came to be modilied in the following terms: - “.....the Applicants are reserved liberty to file their objections before the Special Recruitment Committee as provided in the notification dated 20-4- 2010. If objections are filed by the Applicants, the Special Recruitment Committee shall examine the objections and pass a speaking order before publishing the final select list. Accordingly, the earlier interim order is modified”. 2. The interim order came to be passed on the representation of the respondents that the Special Recruitment Committee, Karnataka Health and Family Welfare Services. has issued Notification (latedi 20—4—20 1 0 publishing provisional select list of ( andidates br 10 2 posts ol Jimior Health -4- Assistants (Male). prepared on the basis of Rule 6(1) & (2) oF Karnataka Health and Family Welfare Department (Recruitment of Certain Posi s) (Special) Rules. 2009. The committee has invited object ioi is. ii’ all. Irom the cm ididat es likely to be allecteci on or before 5—5—2010. Noticing the said not ilication. the Tribunal opined that the right of the applicants is reserved to file objections before the Special Recruitment Committee as provided in the notification dated 20-4-20 10. If objections are filed, the Committee shall examine the same and pass speaking order before publishing the final selection lisi. In died, the interim order restrains the Recruit meni Committee from publishing final list till the object ioi is are considered. 3. The petitioner contends that she has filed object ions but now seeks direction to restrain the Recruit mciii CommHiec from announcing the result 01 SClC(’k’(l (‘Hildidales till :ou in each C(cFv of 1) Pass in SSLC oi equivalent qualification and Multipurpose Basic Health Worker Training OR 2) Pass in SSLC or equivalent qualification and two years Diploma in Health Inspectors training in Karnataka Vocational Board. OR 3) Pass in SSLC or equivalent qualification and three years Diploma conducted i Para-Meclical Board. Karnataka. C)R 1-) 1’,s in P11( llha posts is reserved for women. Reliance is placed on Rule 9(1)(b) of Karnataka Civil Services (General Recruitment) Rules. 1977 to gain support to such contention. Learned counsel for the petitioner has also drawn our attention to Schedule appended to Notification No. HFW 388 HSM 2007 dated 26-2- 2009 publishing the Recruitment Rules. We are concerned with category of posts at Sl.Nos.8 and 13. which are as follows: 8 jJunior Health Assistant (Male) -6- Science subjects and I two years Diploma in Health Inspectors Course conducted by Para-Medical Board. ____ 13 Junior Health 1) Pass in SSLC or Assistant equivalent qualilication (Female) 2) Must have passed Junior Health Assistant (Female) training course from any of the Government Training Institutes in the State of Karnataka or any Institute recognized by the Govt. of Karnataka. 11 is urged that the qualification for category of posts at Sl.No.8 is Diploma in Health Inspectors Course while qualification for posts at Sl.No. 13 is mere training course. 4. Petitioner claims to have qualified and obtained Diploma in Health Inspectors Course and thus claims herself to be suitable for the post at Item No.8. What is urged is that, category of posts at Item 8 tot ailing 1 286 are reserved for Male without reserving 30° o ol i)Ost S fir lefliale as -7- mandated in Rule 9(l)(b) of the Rules. This aspect is under consideration before the Tribunal. Contending that adjudication may take long and in the meanwhile if the result are announced it will result in several consequences, the petitioner seek interim order. 5. As noted in pal-a supra. the Tribunal itself has restrained the Recruitment Committee from announcing the results till the objections are considered on merits. We do not. find the apprehension of the petitioner is justified as the Tribunal itself has provided safeguard. Be that as it may, the petitioner has also filed objections before the Recruitment Committee raising siniilar grounds and the committee is required to consider the same. Therefore, we do not find the interim order passed by the Tribunal requires modification or interim stay as sought for is necessarv. -8- 6. We find no reason to interfere with Impugned order. The writ petition Is disposed off. The petitioner Is at liberty to request the Thbunal for expeditious disposal of the application. Sd/ v JUDGE MP* NOTE: “This was the order dictated by me In Open Court on 06.05.2010 on behalf of the Division Bench consisting of myself and late Hon’ble Shri Justice K.Govindarajulu, with which Hon’ble Shri Justice K.Govindarajulu agreed.” ‘‘ JZJDGE