M.M.KUMAR, J. - (1.) (Oral)
(2.) LEARNED counsel for the petitioner states that the petition was filed when no averment could be made pleading that the petitioner has been appointed by an advertisement inviting applications from all the candidates eligible for the post and then selecting them in accordance with the procedure prescribed by rules consistent with Articles 14 and 16(1) of the Constitution. The aforementioned procedure has been held to be basic structure of the Constitution by Constitution Bench in the case of Secretary, State of Karnataka & others v. Umadevi & others, (2006) 4 SCC 1. Learned counsel for the petitioner has requested for withdrawal of the petition with permission to file a fresh one if the aforementioned requirements are satisfied by pleading the material showing that the compliance of the aforementioned procedure was made. C.W.P. No. 1939 of 2005 In view of the above, we accept the request made by the learned counsel and allow withdrawal of the petition with liberty to file a fresh one if the aforementioned material is available and brought on record.;