01Facts
A notification dated 6 November 2023 invited applications for the post of Gram Sahayak in Kakameri Grama Panchayat.
p. 3Of 25 applicants, 10 applications were initially rejected for deficiencies; the petitioner’s application was among the 15 accepted applications.
pp. 3–5Respondent No. 5’s application was rejected on 28 November 2023 for failure to produce specified documents, but he was later permitted to attend the interview and computer test on 16 December 2023.
pp. 3–5On 15 July 2024, the Tahsildar appointed respondent No. 5.
pp. 3–5The petitioner challenged that appointment, contending that respondent No. 5’s rejected application had been reconsidered without a recorded request or reason.
pp. 3–5The State submitted that the applications had been re-scrutinised and that respondent No. 5 was selected on merit, but produced no record supporting the alleged request for reconsideration.
pp. 6–802Issues
i.1. Whether the Tahsildar could reconsider respondent No. 5’s rejected application and permit him to participate in the selection process without a recorded request or reasons for re-scrutiny
pp. 7–10ii.2. Whether respondent No. 5’s appointment, made after that reconsideration, could be sustained as lawful
pp. 10–1103Law Applied
The Court exercised its jurisdiction under Articles 226 and 227 of the Constitution.
p. 2It applied the principles that a public appointment process must be conducted lawfully and without arbitrary treatment, and that a rejected application cannot be reopened without a disclosed and supportable basis in the record.
pp. 7–11The Court cited no specific statute or precedent; these principles were applied to the selection process on the facts of the case.
pp. 7–1104Reasoning
Respondent No. 5’s application had been rejected on the Tahsildar’s direction for failure to provide specified documents, yet he was later allowed to participate in the interview and computer test.
pp. 7–10The State’s explanation that this occurred following an oral request was unsupported by the proceedings or note sheets; nor did the record disclose reasons for re-scrutiny or identify the applicants whose applications were reconsidered.
pp. 7–10The Court therefore found the reconsideration and resulting appointment arbitrary and unsustainable.
pp. 10–1105Holding
The Court allowed the petition and set aside the appointment order dated 15 July 2024.
p. 11It directed the Tahsildar to redo the appointment process from the interview stage, limited to the 15 applications initially found to be in order, after notifying all 15 candidates, including the petitioner, and to make the appointment on merit and in accordance with law.
p. 11The exercise was to be completed within four weeks, with the matter listed for compliance on 23 November 2026.
p. 11Original Court PDF
SHRI BASEER S/O MAKABULSAB SANDIvsTHE STATE OF KARNATAKA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
