Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

IN THE HIGH COURT OF KARNATAKA, BANGALORE
WRIT PETITION NO.683/2006(S-Res)
D.D. 06.02.2006
The Hon’ble Mr. Justice D.V.Shylendra Kumar
Nagaraj & Ors. ... Petitioners
Vs.
The State of Karnataka & Anr. ... Respondents
Qualification:
Recruitment to the post of Junior Health Inspector – Qualification prescribed was Diploma in
Course of Sanitary Health Inspector/Health Inspector conducted by either para medical Board of
Government of Karnataka or by All India Institute of Local Self Government – Petitioners had Diploma
conducted by Kawa Global University at Raipur – Their applications were rejected for not possessing
the qualification prescribed – High Court upholding the contention of the Commission that the petitioners
did not possess the qualification prescribed in terms of the notification dismissed the writ petition.
Held:
The question as to what can constitute the necessary qualification for filling up the post and candidates
possessing Diploma from which particular university are required, is a matter for evaluation by the
appointing/recruiting authority and not a matter for evaluation by this Court. If in such an evaluation,
if the respondents have acted in a discriminatory manner, then alone the matter calls for interference and no
such case has been made out either for quashing the endorsement or for further direction to be issued.
ORDER
Writ petition by persons who had applied for the post of Jr. Health Inspectors. To be appointed
for the such posts under the various Town Municipalities, the 1 st respondent – Government of Karnataka
had taken steps to fill up such posts by availing the services of the Karnataka Public Service Commission
(KPSC) who had in turn taken out a publication dated 8.7.2005 inviting applications for the post and
also indicating the qualification prescribed for the applicants to apply in terms of the qualification as
indicated by Government of Karnataka.
2. Petitioners had not been permitted to write the examination for the reason that they had not
fulfilled the requisite qualification, particularly of possessing a Diploma in Course of Sanitary Health
Inspector/Health Inspector conducted by either para medical Board of Government of Karnataka or
by All India Institute of Local Self Government. The notification while indicated a certificate of Diploma
issued by either of these two institutions to be the qualification, had not indicated any other similar
institutions for the said purpose.
Karnataka PSC
427