BEFORE THE KARNATAKA ADMINISTRATIVE TRIBUNAL
AT,BANGALORE
APPLICATION NO. 00/2016
BETWEEN:
Sri ABC
S/o XYZ
Aged about 24 years
R/o. Kuknoor Village, Jewargi Taluk
District- Gulbarga 585325 …….Applicant
Address for service :
No.00/8/2,
Ramanamaharish Main Raod,
Upper Palace Orchards,
Sadashivanagar
Bangalore - 560 080
AND:
- State of Karnataka
Rep. by its Secretary
Department of Home
M.S.CDE
Bangalore 560 001
- Additional Director General of Police,
Training and Recruitment
Carlton House, Palace Road,
Bengaluru-560 001
- Deputy Inspector General of Police
Training and Recruitment
Carlton House, Palace Road,
Bengaluru-560 001
4.DEC
S/o CED
Aged about 26 years
Utakanur Village,
Post Tadkal
Takul Manvi
District Raichur-58 4138 Respondents
APPLICATION UNDER SECTION 19 OF THE ADMINISTRATIVE TRIBUNALS ACT,1985
- PARTICULARS OF THE ORDER AGAINST WHICH ORDER IS MADE
- Order No - No.41/Appointment-2/2015-16, No.41/RECT-2/2015-16 dated 20/08/2016, No.41/RCET-2/2015-16 dated 23/08/2106 and No.41/RECT-2/2015-16 dated 30/01/2017
- ii) Date - 19/08/2016, 20/08/2016, 23/08/2016 and 30/01/2017
iii) Passed by - Respondent No 2
- Subject in brief – Selection of applicant as PSI, Wireless has been rejected on medical though his name found place in the Provisional Selection List.
- Limitation
The applicant declares that the application is filed within the period of limitation as presecribed under the A.T.Act. The cause of action arouse for the applicant to approach this Hon’ble Tribunal on 26/08/2016 when the orde canceeling his selection was communicated to him. Hence, the application is on time.
3 (A) FACTS OF THE CASE
- The applicant pursuant to a notification dated 18/01/2016 issued by the third respondent calling for the appointment to the post of Police Sub-Inspector (Wireless); he being eligible applied for the same under Hyderabad-Karnataka region quota by making an application dated 23/03/2016 in the required format and after complying with all the terms and conditions prescribed in the notification dated 18/01/2016. Copy of the notification calling for the Appointment to the post of Police Sub inspector (wireless) and the application filed by the applicant are produced as Annexure A1 and A2 respectively. That, pursuant to the same applicant was called upon for Endurance test and Physical Test. Copy of the said invite dated 7/4/2016 is produced as Annexure A3 Thereafter he was issued with the Hall ticket dated 7/5/2016 for attending the written examination scheduled on 15/05/2016. Copy of the Hall ticket is produced as Annexure A4. Thereafter vide communication/letter dated 17/06/2016 applicant was asked to attend the viva examination scheduled on 23/06/2016. Copy of the said letter is produced as Annexure A5.
- It is submitted that, the applicant having successfully completed the Endurance Test, Physical Test, Written and Viva Examination he was selected for the post of Police Sub Inspector (Wireless) as per the Provisional list dated 29/06/2016 issued by the 2nd His name finds place at S.No.8 of the said list. Copy of the provisional list is herewith produced as Annexure A6.
- It is submitted that, thereafter applicant was called upon to attend the Medical examination schedule for 18/07/2016 at the District Hospital.Kalburagi and accordingly he made himself available for the Medical examination on 18/07/2016 at Kalaburagi. Internet copy of the letter is herewith produced as Annexure A7
- It is submitted that, when things stood thus and when applicant was expecting the appointment order; to his shock the impugned order dated 19/08/2016 came to be communicated to him on 16/08/2016 informing the applicant about his candidature for the post of Police Sub Inspector being rejected/discarded based on a report dated 21/07/2016 submitted by the District Surgeon and Director, District Hospital, Kalaburagi to the Director General of Police, Recruitment and Training. It is submitted that, the said report having been forwarded to the 3rd respondent resulted in 3rd respondent passing the impugned order dated 19/08/2106 removing the name of the applicant from the provisional select list. Copy of the Impugned order is produced as Annexure A8
- It is submitted that, thereafter the 2nd respondent issued one more Provisional select list dated 20/08/2016 showing the name of one siddappa who was not part of the earlier provisional select list Copy of the said Provisional Select list is produced as Annexure A9; that, subsequently second provisional select list dated 23/08/2016 came to be issued by the 3rd respondent wherein the candidature of applicant was shown as withheld (Medical Report pending). Copy of the same is produced as Annexure A10.
- It is submitted that, the applicant has thereafter made representation dated 2/9/2016 to the 2nd respondent requesting for medical re-examination. Copy is produced as Annexure A11; that further a representation dated 7/9/2016 to the District Surgeon and Medical Director, Distrcit Government Hospital. Kalaburagi. Copy is produced as Annexure A12.
- It is submitted that, in the meanwhile upon applicant visiting the office of the 2nd respondent was orally informed about his candidature being rejected on the ground of applicant suffering from Vericose veins disorder.
- The applicant has thereafter subjected himself before the following Hospitals (1) Victoria Hospital, Bangalore on 01/09/2016 (2) Bowring & Lady Curzon Hospitals, Bangalore on 29th and 30th August 2016 , (3) Basaveshwara teaching & General Hospital, Kalaburagi on 6/9/2016 and (4) District Hospital, Kalaburagi on 5th & 6th September 2016 for getting himself medically tested under the categories as mentioned at Point No.11 of the notification produced at Annexure A1 including for the said Vericose Veins disorder. It is respectfully submitted and re iterated that, non of the reports point out about the applicant suffering from Vericose veins dis order. Originals of the reports are collectively filed as Annexure 13.
- Applicant is also producing the latest photographs of the Applicant (Legs/feet) along with the photographs of those of the persons who are having Vericose veins disorder for the kind perusal of this Hon’ble Tribunal as Annexure A14.
- The rejection of the applicants’s candidature for the post of Police Sub Inspector (Wireless) under the Hyderabad Karnataka region is illegal and un sustainable in the eye of Law moreso in the background of the reports given by the most renowned and famous Govt. Hospitals across Karnataka which clearly establishes the fact of applicant not having any medical disability moreso the alleged Vericose veins.
- Hence, the present Application was preferred seeking for writ of Mandamus directing the respondents to issue with the appointment order to the applicant for the post of Police Sub Inspector (Wireless) under the Hyderabad Karnataka region quota by quashing the impugned orders at Annexure A7, A8 and A9 .
- It is now respectfully submitted that, when things stood thus and this Hon’ble Tribunal had specifically directed the learned Government Advocate to procure/produce the medical test report of the applicant; the 2nd respondent who being represented and aware of the proceedings/order dated 24/01/2017 of this Hon’ble Tribunal has however, now issued/uploaded the Final selection list dated 30/01/2017 in No.41jRECT-2J20 15-16. Computer Downloaded copy of the final list dated 30/01/2017 is herewith produced and marked as Annexure A-15
- In the background stated herein above the applicant wishes to challenge the issuance of A-15 the, same being illegal and issued with malafide intentions on the part of respondents. It is relevant to state that, the respondents were all through were very well aware of the order dated 24/01/2017 passed by this Hon’ble but, however within 6 days after passing of the order dated 24/01/2017 to produce the medical tests the respondents have hurriedly issued the final selection list in order to defeat the rights of this applicant.
- It is submitted that the Director, Department of Health and Family welfare having directed for a fresh medical test report and submission of the same to the 2nd respondent; it was incumbent on the part of the respondents to have considered the report now procured before issuance of the final list.
- That, further applicant has reliably learnt that, the medical tests now obtained clearly establishes the fatc of this applicant not suffering form any medical disability i,e Vericose Veins . Hence, it is state that, the final list as per Annexure A15 has been issued in order to defeat the legitimate right of this applicant.
- In the circumstances this petition is preferred seeking Direction/Mandamus directing the respondents to issue with the appointment order to the applicant for the post of Police Sub Inspector (Wireless) under the Hyderabad Karnataka region quota by quashing the impugned orders at Annexure A7, A8,A9 and A15 on the following amongst other grounds.
3B. G R O U N D S
a)That, the rejection of the applicants candidature is the result of non application of mind, deliberate and done with a malafide intention.
- b) The Applicant is not suffering from any of the Medical disorders as mentioned and required under point No.11 of the Appointment; the reports now fuiled before this Hon’ble court makes it amply clear that, the impugned order passed is the resultant act done with malafide intention to deprive the applicant to his rightful post moreso, when all the reports on the file of this Hon’ble Tribunal and issued by the most renowned Govt. Hospitals of the State of Karnataka does not point out at applicant suffering from any of the medical dis order/s
- c) It is further stated though without admitting that, even in the event of applicant suffering from varicose Veins disorder the, same is easily curable. As, such the same cannot be a reason for rejecting the candidature of the applicant for the said post.
- d) It is stated that, the very Police Sub Inspector(Wireless) post does not require extensive physical activity on the part of the person/s who het selected and appointed, As such, the rejection of the applicant’s application is wholly wrong and mis conceived.
- e) The impugned order rejecting the candidature of the applicant after he being provisionally selected to the post of Police Sub Inspector (wireless) is illegal in the background medical records now produced before this Hon’ble Tribunal as per Annexure A13.
- f) The action of the respondents in issuing the provisional selection list and second provisional list as per Annexure A8 and A9 is illegal moreso when the representations of the applicant seeking re-examination has remained un considered; the same exhibits the malafide intention in passing the impugned order/s.
- g) In any view of the matter, the impugned orders at Annexure A8,A9 and A10 otherwise illegal, arbitrary and cannot be sustained in the eyes of Law.
(h) The issuance of the final selection list as per Annexure A15 is illegal and done with a malafide intention to defeat the rights of this applicant moreso when this Hon’ble Tribunal court is seized with the present pertaining to the llegal rejection of the candidature of this applicant and inclusion of respondent No.4 in his place.
(i) It is submitted that, the impugned final list as per Annexure A15 has been issued in a hurried manner immediately after this Hon’ble court directs the learned Government Advocate to procure/produce the result of medical test of the applicant pursuant to the directions of the Director, Department of Health and Family welfare.
(j) The respondents being represented and well aware about the directions issued by this Hon’ble Tribunal on 24/01/2017 has issue the impugned final selection list in order to defeat the rights of this applicant.
(K) The applicant has reliably learnt that, the medical test report discloses that, the applicant is not suffering from any medical disabilities.
3C. GROUNDS FOR INTERIM PRAYER
Applicant who as per the latest Medical reports is fully eligible for the post Police Sub Inspector(Wireless) will be deprived of leading a Hon’ble life based on the alleged report submitted by the District Surgeon & Director, District Hospital, Kalaburagi; that respondents have subsequent to the report of the District Surgeon and Director, District Hospital, Kalaburagi, have cancelled and deleted the name of the Applicant from the provisional selection list and added the name of one ACD and issued the provisional selection list dated 20/08/2016 and have subsequently issued secondary provisional list. Respondents are likely to send the said ACD for Medical examination and report; Applicants candidature to the post of Police Sub Inspector(Wireless) is sought to be rejected based on Prima facie wrong report and the same will cause irreparable loss and damage to the prospects of the Applicant.
- WHAT ALTERNATE REMEDY AVAILABLE? WHAETHER SUCH REMEDY IS AVAILED OF? RESULT THEREOF
The applicant submits that he has no alternate remedy otherwise than by means of approaching this Hon’ble Tribunal.
- MATTER NOT PREVIOSLY FILED OR PENDING WITH ANY OTHER COURT
The Applicant submits that he has previously not filed any matter on same cause of action and no petition is pending before any other authority/court/tribunal.
- RELIEF SOUGHT FOR
WHEREFORE, the applicant most respectfully prays that, this Hon’ble court be pleased to call for the records pertaining to the case of the applicant and grant him the following reliefs;
- Issue a writ of Certiorari Quashing the Impugned order dated 19/08/2016 in No.00/ NEMAKATHI-2/2015-16 issued by the 3rd respondent and produced at Annexure A8 in the interest of justice and equity.
- Issue a writ of Certiorari Quashing the Impugned order dated 20/08/2016 in No.00/NEMAKATHI-2/2015-16 issued by the 2nd respondent and produced at Annexure A9 in the interest of justice and equity.
- Issue a writ of Certiorari Quashing the Impugned order dated 23/08/2016 in No.41/ NEMAKATHI-2/2015-16 issued by the 2nd respondent and produced at Annexure A10 in the interest of justice and equity.
- Pass any such order/s as this Hon’ble Court deems fit in the facts and circumstances of this case.
- Issue a writ of Certiorari Quashing the Impugned order dated 30/01/2017 in No.41jRECT-2J20 15-16 issued by the 2nd rd respondent and produced at Annexure A15 in the interest of justice and equity.
INTERIM RELIEF
Pending consideration of this Application this, Hon’ble Tribunal be pleased to pass an order staying the operation of Annexure A8 dated 20/08/2016 in No.41/NEMAKATHI-2/2015-16, A9 dated 23/08/2016 in No.41/ NEMAKATHI-2/2015-16 and A10 dated 23/08/2016 in No.41/ NEMAKATHI-2/2015-16 and further direct the respondents not to appoint anyone to the post of Police Sub Inspector (wireless) under the Hyderabad Karnataka region quota to meet the ends of justice.
Place: Bangalore
Date: 12/04/2017 Advocate for Applicant
VERIFICATION
I, QRS S/o PQR aged about 24 years Kuknoor Village, Jewargi Taluk, District Gulbarga, do hereby verify and state on oath that, the contents of this Application from Paragraph No 1 to 3A are true to the best of my knowledge and Paras 3B,3C, and 6 are believed to be true on legal advise and that I, have not suppresed any material facts.
Bangalore
12/04/2017 APPLICANT
The Registrar
KAT,Bangalore
