The brief facts of the case in nutshell relevant for the purpose are that the appellantCorporation invited applications for various posts against the backlog vacancies including two vacancies of Senior Assistant and ten vacancies of Junior Assistant pursuant to an advertisement dated 11th November, 2013.
For satisfaction of the Court, the learned Single Judge of the High Court called for the original records and recorded a finding in paragraph 7 of the judgment that experience certificate was number enclosed by her with the application form which is reproduced hereunder On perused of the original records, it is clear that petitioner has number enclosed experience certificate while applying to the posts.
The scrutiny of application that has been made and maintained by respondentCorporation reveals that several applications have been rejected numbering the reasons for such rejection.
At the same time, the 1 st respondent secured 65.43 marks but since the 1st respondent failed to submit experience certificate along with the application form, her application at the stage of scrutiny itself was rejected.
Apart from the academic and professional qualifications, the applicant was required to furnish a certificate of work experience of 3 years/2 years in a reputed companypany for the post of Senior Assistant Junior Assistant.
The reason for rejecting the application filed by petitioner is stated as number enclosure of experience certificate.
In reply to the writ petition filed by the Corporation, the specific case pleaded was that the 1 st respondent had applied for both the posts of Senior Assistant Junior Assistant, but she failed to enclose the experience certificate which was the companydition of eligibility in terms of the advertisement and at the stage of scrutiny, her application was rejected without assigning any reason.
Priyanka A. Chanchalkar was provisionally selected as Senior Assistant securing 64.65 marks.
It was further indicated in the advertisement that separate application has to be furnished for each post and incomplete application shall be rejected without assigning any reasons.
The 1 st respondent applied for the post of Senior Assistant Junior Assistant vide application dated 29th November, 2013.
After scrutiny of the applications, the select list of backlog vacancies was published on 16th January, 2015 and it reveals from the record that impleaded 3rd respondent in the writ petition Smt.
The 1st respondent applied for both the posts, i.e. Senior Assistant and Junior Assistant on a separate application, and indeed was holding academic professional qualification but it reveals from the record that she had number enclosed the experience certificate of the requisite period along with the application form which was required at the time of submitting the application.
The 1st Respondent is a women and member of Scheduled caste category and secured 65.43 of marks in the qualifying examination and still when her name was number included in the select list, made representation but when failed to get satisfactory response, she approached the High Court by filing of a writ petition under Article 226 of the Constitution.
Rastogi, J. The instant appeal is directed against the judgment passed by the Division Bench of the High Court of Karnataka dated 1 st Signature Not Verified Digitally signed by February, 2019 directing the appellantCorporation to companysider the CHETAN KUMAR Date 2020.01.21 163739 IST Reason claim of 1st respondent taking numbere of the work experience certificate for appointment in accordance with law with a caveat that the order has been passed in the peculiar facts and circumstances of the case and shall number be treated as a precedent.
