High CourtsSingle Bench(2013) 09 KAR CK 0355

Sri. Eranna vs The Registrar Small Cause Court and Sharanabasappa Pujar

Karnataka High Court · Decided on 18 September 2013

HON’BLE JUDGES
Ravi Malimath, J
CASE NUMBER
Writ Petition No. 11288 of 2010 (S-RES)

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Judgment

5 paragraphs · 335 words

Ravi Malimath, J.—Respondent No. 1 issued an advertisement inviting applications from eligible candidates to fill up the vacant posts of Peon in terms of Rule 5 of the Karnataka Civil Services (Selection by Direct Recruitment) Rules, 1973. The petitioner applied for the same. He was not selected. Respondent no. 2 was selected. Questioning the same, the present Petition is filed. The learned counsel for the petitioner contends that he has secured more marks in the Class VII examination than respondent No. 2. Hence, his non-selection is erroneous.

2.

Respondent No. 2 has remained absent.

3.

The learned Government Advocate by placing reliance on the Karnataka Subordinate Courts (Ministerial and other posts)(Recruitment) Amendment Rules, 2007 vide Annexure-R-1 and on Rule 5(7) contends that the marks obtained in the exam are only indicative in order to call the applicants for interview. Therefore the marks obtained in the examination is of no consequence so far as the interview is concerned. The marks in the interview is granted on the basis of the candidate being suitable and his ability to do the job.

4.

On hearing counsels, I am of the view that there is no merit in this petition. Respondent No. 2 was granted 1 mark towards the ability and 1 1/2 marks towards suitability. The petitioner was granted 1 mark towards ability and 1 mark towards suitability, under the category of General Merit (Project Displaced Persons). Since respondent No. 2 secured more marks in the interview, he has been appointed. The contention of the petitioner that the marks obtained by him in the VII standard should be given due weightage runs contrary to the Rules. The marks obtained in the exam is intended only to call the qualified persons for interview. It is therefore the interview marks alone that would determine the selection of the candidate. Hence, this petition is liable to be rejected. However, the petitioner is always at liberty to make a fresh application as and when called for by the 1st respondent...

Rule discharged.