‘4 a F IN TIE NIGH COU?T OP ICARNATAKA AT RIEIA lORE DATED TIflS TIE 30Th DAT OPJiJWE 1998 BE PORE THE !KM’BLE MR. JUSTEE V. GOPALA GOWA W.P.!f0.12359/1 992(3) BETWEEN $ G .R .Ganeshan, \‘‘t Son of SmtJakslaidevi, Aged 29 years, Residing at Hirisave village, Channarayapatna TaNk, Hassan District. ...psrrl’Io’ER (By Sri Robert D’Souza for Sri Ravivarma KunSr,Advs.) AND: 1. Ehe Recruitment Committee, by its Conrenor, Karataka State Pollution Control Board, 6th Floor, public utaity atilding, Mahatma Gandhi itcad, 4ngalorea560 001. 2. Karnataka State Pollution Control Board, By its Secretary, 6th Floor, Public Utility duilding, Mahatma Gand hi Road, Bangaloree56O 001. ...RESPCWIflTS (Bt Sri V.!t.Datar,Adv.) a a a “Jo .e2a This writ petition is filed under article 226 of the Const Itution of India wit h a gayer to direct tip respondents to consider the case of the petit iona’ for appointment as Assistant Engineer/Assistant Environmental Engineer against a poet reserved for group ‘C’ and to appoint the petitioner accordingly, and etc. This writ petition cing on for hearing this day the Court made the following:— OeR_LEeR_ The petitioner in this writ petition is seeking for issuatte of a writ of mandamus directing the respondents to consider the case of the petitioner for appointment as Assistant Engineer/Assistant Environmental Engineer againet a poet reserved for Group ‘C’ and appoint in the said post urging the following legal contentions: That action of the respondents is opposed to the principles of natural Justice. Purther, the action of the respondents in not selecting him to the post of Assistant Ingineer/Assistant Environmental “ngineer is violative of Articles 14 & 16(4) of the Constitution of India as be was qualified and .. . 3 4 S —3— eligible to be considered for appointment to the said post and there were f air posts earmarked under Group—C category. Petitioner made a claim under the said Group but he did not produce the relevent Form i.e.Form No.4 Certificate required to be submitted along with the application as per instruc tions at Annexure— Ri. Learned Counsel appearing for the petitlone Ilr.D’Souza submits that he has produced the original income certificate before the sec mid respondent. The fi nt respondent—Committee has arbitrarily refused to receive the certificate and treated him as Group—C candidate therefore, the learned Counsel submits that action of the respondents in not selecting him under the said category to the above referred post is violative of Articles 14,16 of the Constitution of India. 2. The respondents have filed detailed csnter. At paragraph.9 it has been stated that, petitioner had not complied with the terms of advertisement ealling for aprlications for the post ci Assistant tngineers/Assistant Environmental Engineers pursuant —4- to Anxure—A as also instructions vide’nnexurea1. T necessar.y Caste—cuts—inc e Certif icate as requfr ed under Tule was not attached along with the apolication, which was a manda.tory requirement, It is stated that, hever, respondents, considering the academic qualifica tions of the net itioner instead of rejectinz the applica.tion being incoaplete, considered it in General Merit uategory and therefore did not deny the ovnortunity of being ca.lled for th.:e interview in the General Merit Category Therefore there is no question of con si— dering his application under Group—C Category, Aespondents suit that there is no violation of Article 16(4) of the Constitution of md ia as ails gec, 3. in view of tht admitted facts and the stand taken by the respon.der.ts , the petitioner is not entitled for the relief sought for in this erit petition. Admittedly, the applicant—petitioner did not rod’se the caste—cum—ince certiftate to avail benefit under Grou—C category and further submission that, 5 tFt respondents wou ve permittea the Mt1tiorer to produce tke ocrt I icate t t* ti e f irte JiCv 15 not tenade. it iS eiI settled prircinie Cf srStU’’i sVfl 1 ti I € tj. - rotificatior must be strctly followed 25 those irstrudions re odd mrdstcry a ‘ 1 ow deoisred oy the urrert C urt in st r of aat. 4. Jirce the pet1t1onr n 1 lied to COiiY ntn the msrdtt recuirement, no rtlef an he antec, e n r t Peti lo is djmia ed cont iThii P