IN THE COURT OF THE HON’BLE HIGH COURT OF KARNATAKA AT
BANGALORE
WRIT PETITION NO. _____________/2017 (S CAT)
BETWEEN
Sri. _______________ Ors PETITIONERS
...
AND
Sri. __________ .. RESPONDENTS
.
AFFIDAVIT
I, Sri. ___________, S/o Mr. Parthasarthy, aged about 45, Currenty posted as
Assistant Archaeologist, Archaeological Museum, Halebidu, residing at Siddappan
Building, Temple Street, Halebidu, Hassan - 573121, do hereby solemnly swear and
affirm on oath to the contents of this affidavit as under:
1. I am Respondent No. 3 in the above mentioned matters and I am well acquainted with
the facts and circumstances involved in the above petition. Therefore, I am competent
to swear to contents of this affidavit.
2. I state that the Petitioners have filed the above petition seeking relief to quash the
impugned order dated 5.12.2016 (hereinafter referred to as “Impugned Order”)
passed by the Central Administrative Tribunal, Bangalore, Branch, in OA No.
170/1300-1301 OF 2015.
3. I state that the aforementioned proceedings before the Central Administrative Tribunal
was initiated by me to Quash and set aside the Notice of Result dated 26.8.2015 and
any appointment order issued subsequent to the final result, to Direct the Union Public
Service Commission to re-do the selection process by revising the marks allotted for
the interview as per the Supreme Court guidelines of not being more than 15% and
publishing the written examination marks of all the candidates and any other order as
the Learned Tribunal may deem fit.
4. I further state that Petitioners contested the said proceedings and filed their response
before the Central Administrative Tribunal. I state that upon hearing both the Parties,
and upon arriving at the conclusion the Learned Tribunal was pleased to pass the
impugned order dated 5.12.2016, wherein the Learned Tribunal held that “the
selection process in this case wherein marks were allotted for interview and interview
in the ration of 50:50 is bad in law and, therefore, the said selection process is liable to
be set aside. Therefore we set aside the result of the selection process published on
26.8.2015 and direct the respondents to take up the selection process de novo from the
stage of interview of shortlisted candidates. The Respondent No. 2 shall apportion the
marks for interview to extent of 15 per cent.”
5. I state that the Petitioners in WP bearing No. 6133-34/2017 and WP No. 2596/2017
which is connected to the above mentioned Writ Petition challenged the said
impugned order dated 5.12.2015 before this Hon’ble Court.
6. I state that on 16.3.2017 this Hon’ble Court was pleased to grant an ad-interim stay
order staying the impugned order passed by the Learned Tribunal on 15.12.2016 with
the observation that the continuation of the petitioners in service shall not be treated as
giving any additional right or equity in their favour, if ultimately the order of the
Tribunal is not interfered with.
7. I state that all the Respondents have been served notice of the above petitioner except
for one Mr. Vinay Kumar who has been placed as Petitioner No. 16 didn’t accept his
appointment and has not joined service and therefore needs to be deleted from the
Petition.
8. I state that the Petitioners in WP bearing No. 6133-34/2017 and WP No. 2596/2017
have joined service between the months of September to October 2015. I state that the
Petitioners have taken more than a year now to serve notice to all the Respondents and
have purposefully delaying the process in order to reap benefits from their continued
service in the department.
9. I state that I and Respondent No. 4 (the Appellant before the Learned Tribunal) will be
put to irreparable hardship and loss if the accompanying application is rejected. On the
other hand, no such loss or hardship will be caused to the Petitioners if the relief
sought in the instant application is allowed.
WHEREFORE, this Hon’ble Court may be pleased to allow the instant application
and vacate the interim order dated 16.3.2017, in the interests of justice and equity.
BANGALORE DEPONENT
DATE:
IDENTIFIED BY ME
ADVOCATE
NO. OF CORRECTIONS:
