- (1.) AFTER having heard the learned counsel for the parties and having perused the material placed on record, as also that placed for consideration during the course of arguments, we are of the view that interest of justice warrants reconsideration of the application moved by the present appellants for vacation of the interim order passed in the pending writ petition (CWP No.8865/2013) without any of our comments on the merits of the case either way.
(2.) THE dispute relates to the process of recruitment to the post of Homeopathic Chiktisa Adhikari, which has been put to challenge by the respondents -writ petitioners on various grounds including the grounds that the proposition of the State Government to prepare the merit list on the basis of average percentage of marks obtained in BHMS course and providing bonus marks to the persons having experience of working in Government projects/schemes was contrary to the requirements of fair play and was operating towards discrimination. The writ petition was considered by the learned Single Judge on 19.08.2013 and after taking note of the submissions of the petitioner and directing the matter to be listed on 26.08.20013, it was ordered that no appointment shall be made on the post of Homeopathic Chiktisa Adhikari pursuant to the advertisement dated 01.06.2013.
(3.) THE present appellants, who are the respondents in the writ petition, moved an application seeking vacation of the interim order, that has been considered and rejected by the learned Single Judge of this Court in the order dated 02.09.2013 while observing that as per the mandate of the Rule, entire percentage of marks obtained in qualifying examination by the candidate was required to be considered for preparing the merit but the Government has evolved a wholly illegal and unauthorized procedure for taking into consideration 70% weightage instead of entire percentage of marks. The learned Single Judge was also of the view that the State Government cannot undo the decision of the Hon'ble Supreme Court in the case of Secretary, State of Karnataka & Anr. Vs. Uma Devi & Ors: (2006) 4 SCC 1 by making amendments in the rules.;