1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST 2025 PRESENT THE HON'BLE MR. JUSTICE S. G. PANDIT AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.18336/2023 (S-KSAT) BETWEEN: SMT. VEENA W/O P.V. SATHISH KUMAR AGED ABOUT 42 YEARS PRESENTLY WORKING AS STAFF NURSE TALUK GOVERNMENT HOSPITAL BANTWAL, DAKSHINA KANNADA-574219. ... PETITIONER (BY SRI. SATISH K., ADV.) AND: 1. THE STATE OF KARNATKA REP. BY ITS MEMBER SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, ANAND RAO CIRCLE BANGALORE-560 009. 2. MEMBER SECRETARY SPECIAL RECRUITMENT COMMITTEE CUM CHIEF ADMINISTRATIVE OFFICER DEPARTMENT OF HEALTH AND FAMILY 2 WELFARE SERVICES ANAND RAO CIRCLE BANGALORE-560009. 3. THE COMMISSIONER DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES ANAND RAO CIRCLE BANGALORE-560 009. 4. MS. YELLAMMA YATNATTI D/O ANANDAPPA S.S., AGED ABOUT 28 YEARS R/AT MYAGERI, ARALARADINNI YALAGURU POST BASAVANA BAGEVADE TALUK BIJAPUR DISTRICT-586 213. …RESPONDENTS (BY SRI V SHIVA REDDY, AGA FOR R1 TO R3 R4 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS FROM THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN RESPECT OF THE IMPUGNED ORDER DATED 22.02.2023 PASSED IN APPLICATION NO.2668/2020 (ANNEXURE-A); B) SET ASIDE THE IMPUGNED ORDER DATED 22.02.2023 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.2668/2020 (ANNEXURE-A) AND CONSEQUENTLY ALLOW THE SAID APPLICATION NO.2668/2020 AS SOUGHT FOR THE PETITIONER BEFORE THE TRIBUNAL (ANNEXURE-B) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 21.07.2025 COMING ON THIS DAY, S.G.PANDIT J., PRONOUNCED THE FOLLOWING: 3 CORAM: HON'BLE MR JUSTICE S.G.PANDIT and HON'BLE MR JUSTICE T.M.NADAF CAV ORDER (PER: HON'BLE MR JUSTICE S.G.PANDIT) The above writ petition filed under Article 226 of the Constitution of India is directed against the order dated 22.02.2023 in Application No.2668/2020 passed by the Karnataka State Administrative Tribunal (for short “Tribunal”) rejecting petitioner’s challenge to final select list of Staff Nurse (Diploma) dated 16.07.2020 (Annexure-A13). 2. The brief facts of the case are that: The petitioner was appointed on contract basis as Staff Nurse on 06.01.2006 and the petitioner is continued on contract basis from time to time and she is working as such, till this date. The State Government under Notification dated 20.06.2017 (Annexure-A4) under Health and Family Welfare 4 Services (Recruitment for the post of Staff Nurse (Diploma)) Special Rules published under notification dated 27.05.2017, invited applications to fill up 889 posts of Staff Nurse (Diploma Nursing). The last date for submitting the application was 27.07.2017. The petitioner applied for the post of Staff Nurse claiming reservation under 2A category producing caste certificate dated 18.07.2017 (Annexure-A6). The petitioner has scored 84.07 marks. On 30.10.2019, the petitioner was called for documents verification and documents produced by the petitioner were verified by the Selection Committee. On 27.02.2020, provisional select list was published and the name of the petitioner was not included in the said list. The petitioner having found that the candidates who have scored lesser marks than her were included in the select list, filed objections dated 02.03.2020 to the said provisional select list. The final select list was 5 published on 16.07.2020 whereunder also petitioner’s name was not found. Thereafter, the petitioner approached the Tribunal in Application No.2668/2020, challenging the final select list. 3. Heard learned counsel Sri.K.Sathish for petitioner and Sri.V.Shivareddy, learned Additional Government Advocate for respondent Nos.1 to 3. Though, respondent No.4 was served, she remained unrepresented. Perused the entire writ petition papers. 4. Learned counsel for the petitioner would submit that the petitioner has scored 84.07 marks and lesser meritorious candidates than the petitioner are selected and appointed as Staff Nurse under 2A category. Learned counsel would also submit that when lesser meritorious candidates are appointed under 2A category, the petitioner who has scored 84.07 marks 6 would be entitled for appointment as Staff Nurse. Learned counsel would submit that the last date for submission of application was 27.07.2017 and the petitioner has enclosed 2A certificate dated 18.07.2017 (Annexure-A6), but the petitioner could not produce the original of the said caste certificate on the date of verification of documents. However, the petitioner had produced the caste certificate dated 04.08.2017 (Annexure-A7). Learned counsel would submit that Selection Committee ought to have accepted the Caste Certificate dated 04.08.2017 and ought to have considered the petitioner’s case for selection and appointment as Staff Nurse under category 2A. In that regard, learned counsel would place reliance on the decision of the Hon'ble Apex Court in the case of DOLLY CHHANDA v/s CHAIRMAN, JEE AND OTHERS reported in (2005) 9 SCC 779 and RAM KUMAR GIJROYA v/s. DELHI SUBORDINATE 7 SERVICES SELECTION BOARD AND ANOTHER reported in (2016) 4 SCC 754. Further, learned counsel would submit that since the petitioner is working on contract basis from 2006 onwards as Staff Nurse, the case of the petitioner ought to have been considered sympathetically in view of the fact that all the posts notified are not filled up and many of the posts are vacant. 5. On the other hand, learned AGA would support the order of the Tribunal and further submits that the petitioner having failed to produce the caste certificate dated 18.07.2017 which was obtained prior to the last date for submitting the applications i.e., 27.07.2017 cannot seek consideration of petitioner’s case under 2A category. As the petitioner has failed to produce the original caste certificate dated 18.07.2017, petitioner’s case was considered under general merit and the petitioner is less meritorious for selection 8 under general merit category. Learned AGA would also submit that the caste certificate dated 04.08.2017 obtained subsequent to last date for submission of applications cannot be considered and the Notification itself makes it clear that the candidate shall obtain all the necessary certificates including the caste certificate as on the last date for submitting application and shall produce the same when called for document verification. The eligibility criteria shall be determined as on the last date for submitting the applications and no person who is not eligible as on the last date can seek employment having become eligible subsequent to last date. Thus, learned AGA prays for dismissal of the writ petition. 6. Having heard the learned counsel for the parties and on perusal of the entire writ petition papers, the only point which falls for our consideration is as to: 9 “whether the order under challenge passed by the Tribunal requires interference at the hands of this Court?” 7. Answer to the above point would be in the negative for the following reasons: There is no dispute with regard to petitioner working as Staff Nurse on contract basis in the Health and Family Welfare Services Department since 2006. Admittedly, the petitioner applied for the post of Staff Nurse in pursuance of the notification dated 20.06.2017 claiming reservation under 2A category producing 2A certificate dated 18.07.2017. It is also an admitted fact that the petitioner had scored 84.07 marks. However, the petitioner could not produce original of 2A certificate dated 18.07.2017 as on the date of verification of documents or subsequently, while filing objections to the provisional select list. But, the petitioner produced the caste certificate dated 10 04.08.2017 at the time of verification of original documents which was obtained subsequent to last date for submitting the applications i.e., 27.07.2017. For determination of eligibility criteria, relevant date would be last date for submitting the applications i.e., 27.07.2017. The petitioner shall establish her eligibility for consideration of her case under 2A category as on the last for submitting applications i.e., 27.07.2017. To establish the fact that the petitioner belongs to 2A category, the petitioner ought to have produced the original 2A certificate dated 18.07.2017 at the time of verification of original documents on 30.10.2019 or subsequently, while filing objections to the provisional select list dated 27.02.2020. Having failed to produce original of 2A certificate dated 18.07.2017 obtained prior to the last date for submitting the application, the petitioner placing reliance on 2A certificate obtained subsequent to last 11 date cannot insist consideration of her case for appointment under 2A category. Under identical fact situation, this Court in W.P.No.6055/2022 disposed of on 31.08.2024 (Smt.Latha V/S The State of Karnataka and another) considering the decision of the Hon'ble Apex Court in DOLLY CHHANDA (supra) at paragraph 14 has held as follows: “The petitioner has placed reliance on the decisions of the Hon'ble Apex Court in the cases of DOLLY CHHANDA and KARN SINGH YADAV (supra). The Hon'ble Apex Court in the above decisions has observed that non-production of caste certificate is a curable defect if caste of such person is not in dispute. The petitioner could have submitted 3A certificate along with objection filed to the Provisional Select List or thereafter along with representation. If the caste certificate is not made available to the Selecting Authority, the Selecting Authority would not be in a position to consider such candidate under a particular category. To cure the defect, the petitioner ought to have produced the caste certificate 12 atleast along with objection filed to Provisional Select List. 8. In RAM KUMAR GIJROYA case (supra) also the petitioner therein had not produced the OBC certificate within the cut off date mentioned in the advertisement and he was informed that he was not selected to the post for the reason that he has failed to submit OBC certificate obtained earlier from the appropriate authority along with the application, before the last date for submitting the application. The Hon'ble Apex Court in the said circumstance observed that the petitioners therein were entitled to submit such certificate even after the cut off date mentioned in the advertisement. It is true that if the petitioner had produced original 2A certificate dated 18.07.2017 at the time of verification of documents or along with objections to provisional select list, this Court would have directed consideration of petitioner’s 13 case for selection under 2A category, but the petitioner has failed to produce the said 2A certificate obtained before the last date, even at the time of verification of documents. A new certificate obtained subsequent to last date for submitting the application cannot be considered as it would amount to determining the eligibility as on the date of verification of documents instead of last date for submitting the application. It is settled position of law that eligibility of each candidate shall be determined as on the last date for submitting application or as on the date mentioned in the advertisement. Thus, we are of the opinion that the petitioner has not made out any ground to interfere with the order passed by the Tribunal. 9. Since the petitioner is working as Staff Nurse on contract basis from 2006 onwards, it is open for the petitioner to submit a representation seeking 14 regularization or requesting appointment under the Notification dated 20.06.2017 if all the posts advertised are not filled up and if such representation is made, the Respondent-Authorities shall consider the same on the ground of equity. 10. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (T.M.NADAF) JUDGE MPK CT: bms