SWETA D/O SUBHASH RAGA Vs. SELECTION AUTHORITY & DIVISIONAL JOINT DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS

JUDGEMENT

(1.) The unsuccessful petitioner before the Karnataka Administrative Tribunal (for short the 'Tribunal'), Bangalore, for the post of Secondary School Assistant Teacher under Category-III-B/KM/HK is before this Court for writ of certiorari to quash the impugned order dated 23.01.2018 made in Application No.284/2018 passed by the Tribunal confirming the selection list dated 11.10.2017, in so far as selection and appointment of respondent No.3 as Secondary School Assistant Teacher, Grade-II in under Category III-B (Woman) (Hyderabad Karnataka quota) and writ of mandamus directing the 1st respondent-Authority to consider a claim of the petitioner by considering the eligibility certificate dated 23.06.2015 for the purpose of selection to the post of Secondary School Assistant Teacher Grade-II (English Language Assistant Teacher) under category III-B (Woman) (Hyderabad Karnataka Quota).

(2.) It is the case of the petitioner that in response to the notification issued by the 1st respondent inviting applications for selection and appointment to the post of Secondary School Assistant Teachers, Grade-II in the Education Department. Subsequently the 1st respondent has issued amended recruitment notification dated 29.09.2016 prescribing qualification to the posts respectively. The petitioner being a degree holder possessed B.Sc.B.Ed and M.Sc. degree belongs to Category-IIIB and also belongs to Hyderabad Karnataka region and as she is entitled to claim reservation under Hyderabad Karnataka reservation and qualified for the post of Secondary School Assistant Teacher under Category-IIIB/KM/HK as per recruitment notification.

(3.) It is the further case of the petitioner that the 1st respondent has prepared and published list 1:2 for verification. The petitioner being meritorious candidate and the application of the petitioner has been accepted and the name of the petitioner finds a place at serial number 23 in the verification list published by the 1st respondent. Considering the qualification and other criteria, the petitioner was called for verification of documents scheduled on 20.08.2015 and she was appeared and produced all original documents for verification to the 1st respondent and thereafter the 1st respondent found that the documents and certificates produced by the petitioner are all found genuine and prepared and published final selection list on 12.04.2017. From the cut of percentage announced by the 1st respondent it is crystal clear that the petitioner has secured more marks than last selected candidate. The petitioner has been secured 58.57 marks more marks than the last selected candidate. It is the case of the petitioner that even otherwise percentage for the main selection list as per Annexure-A15, respondent No.3 who is less meritorious than the petitioner has secured 56.03909% marks is selected.