Facts
The appellant had applied under a 4 June 2019 notification for appointment as President of a District Consumer Forum.
Source reference: no citationIn earlier proceedings, the High Court quashed a condition giving priority to District Judges and directed the respondents to reconsider his application dated 10 July 2019 in accordance with law
Source reference: para. 6While those proceedings were pending, a fresh notification was issued on 29 March 2021 under the 2020 Rules. The appellant applied under that notification but did not appear for the written examination, which was part of the selection process
Source reference: paras. 4–5, 7–8After the respondents declined to consider his candidature, he challenged that decision by writ petition. The Single Judge dismissed the petition, and the appellant appealed
Source reference: paras. 2–3, 9Issues
Whether the earlier direction to reconsider the appellant’s application under the 2019 notification entitled him to consideration or appointment without participating in the selection process under the fresh 2021 notification
Source reference: paras. 6–8Whether the Single Judge’s dismissal of the writ petition warranted interference in appeal, given the appellant’s failure to sit the written examination
Source reference: paras. 9–11Law Applied
The Court considered the earlier order directing reconsideration of the appellant’s application under the 2019 notification, which did not confer an automatic right to appointment.
Source reference: para. 6It also considered the fresh notification dated 29 March 2021 and the selection procedure under the Consumer Protection (Appointments and Others) Rules, 2020, including the written examination as a prerequisite to proceeding to viva voce.
Source reference: paras. 4, 7–8The Court’s applied principle was that an applicant seeking consideration under a fresh selection process must comply with its prescribed requirements; an earlier direction concerning an application under a superseded notification does not exempt the applicant from those requirements.
Source reference: paras. 7–10Reasoning
The earlier order required reconsideration of the appellant’s 2019 application, but the fresh 2021 notification introduced a selection process under the 2020 Rules.
Source reference: paras. 5, 7–8The appellant applied under that notification but chose not to take the written examination, which was required before he could be called for viva voce. The earlier order neither guaranteed his appointment nor dispensed with participation in the new process. The Court therefore held that he could not claim consideration for appointment based solely on the earlier order.
Source reference: paras. 5, 7–11Holding
The Court answered the issues against the appellant.
It found no ground to interfere with the Single Judge’s decision and dismissed the writ appeal.
Source reference: para. 11Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
KARNATAKA HIGH COURT ACT, 19611
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SRI ONKARASA S/O ISHWARASA BASAVAvsTHE STATE OF KARNATAKA
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