Smt. Revathi vs The State of Karnataka

The petitioner is challenging the legality and correctness of the order passed by the Karnataka Administrative Tribunal, Bangalore in Application No. 730/99 dt. 4.12.2007.

Pursuant to a notification issued by the KPSC for selection to the post of Probationary officer Grade-I, the petitioner filed an application. She has secured a Post graduation in M.H.Sc. (Child Development & Family Relations). As a student she had taken examination in M.H.Sc. under Trimester System and the grading system was known as CGPA. According to the system if a student has secured 4 points, it is to be treated as equivalent to 90%. From 1992-93 onwards the University of Agricultural Sciences introduced Semister system and also introduced 10 points which is equivalent to 100 marks. Based on the points secured by the petitioner, she contended that she was required to be selected by the KPSC. But KPSC did not select her by applying its own method of conversion table, Therefore, the petitioner filed an application with a direction to consider her case for selection holding that as per the points secured by her she has to be treated as a candidate securing 80%, The Tribunal after hearing the parties has rejected the claim of the petitioner on the ground that a Division Bench of this court in M.S. Chandra Vs. The Secretary, KPSC & Others in W.P. 8339/03 for which Judgment one of us. KLMJ is a party, has come to the conclusion that the conversion table prepared by the University of Agricultural Sciences has to be considered so far as admission of students to the Post Graduate course and such point cannot be made use of for the purpose of selection of candidates by the KPSC. The Tribunal also came to the conclusion relying upon the aforesaid Judgment that conversion table prepared by the University of Agricultural Sciences as per its Resolution dt. 27.4.1978 would hold good so far as selection process to be conducted by the KPSC is concerned and further ruled that no illegality has been committed by the KPSC in non-selecting the petitioner. The Application came to be rejected. Challenging the same, the present Writ Petition is filed,

Mr. Raikote, reiterating the arguments advanced before the Tribunal contends that the Tribunal committed a serious error is not considering the points secured by her in converting her marks for the purpose of selection. Therefore, he request the court to set aside the order and allow the Writ Petition.

Having heard the counsel for the parties, we are of the view that the Tribunal has not committed any error in dismissing the petition for the simple reason that the Tribunal relying upon the Division Bench Judgment of this court in M.S. Chandra Vs. The Secretary, KPSC & Others has rightly rejected the Application of the petitioner. The Division Bench of this court has categoricaily held that conversion table prepared by the Academic Council of the University of Agricultural Sciences in its Meeting held on 27.4.1978 has to be followed by the KPSC for the purpose of selection and if the said Judgment is followed by the Tribunal, no court can hold that an error is committed by the Tribunal

5, In the circumstances, we do not see any merits in this petition. In addition to that the Writ Petition has to be dismissed on the ground of delay and latches also because the Tribunal rejected the application of the petitioner by its order dt. 4.12.2007 and the Writ Petition is fifed nearly one year after the orders are passed by the Tribunal. This would only shows that the petitioner was not diligent in prosecuting her case.

Accordingly, the Writ Petition is dismissed on both grounds.