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2025 DAILYLAW 57777 (KAR)

THE STATE OF KARNATAKA v. SMT CHANNABASAVVA SHIVAYYA GHANTI

WP/6453/2022 · 2025-09-22

K V Aravind, S G Pandit

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38279-DB WP No. 6453 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 6453 OF 2022 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, VIKASA SOUDHA, BENGLAURU-560 001. 2. THE DIRECTOR OF HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, BENGALURU-560 001, NOW AT AROGYA SOUDHA, MAGADI ROAD, BENGLAURU-560023. 3. THE MEMBER SECRETARY, SPECIAL RECRUITMENT COMMITTEE AND EX-OFFICIO CHIEF ADMINISTRATIVE OFFICER, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, ANAND RAO CIRCLE, BENGLAURU-560 001, NOW AT AROGYA SOUDHA, MAGADI ROAD, BENGALURU-560023. …PETITIONERS (BY SMT. B. SUKANYA BALIGA, AGA) Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38279-DB WP No. 6453 of 2022 AND: 1. SMT. CHANNABASAVVA SHIVAYYA GHANTI @ SMT.SHRUTHI PRAVEEN SANKANNAVAR, AGED ABOUT 24 YEARS, W/O SRI PRAVEEN SANKANNAVAR, D/O SRI SHIVAYYA, R/AT No.161, KUNDARGI, BILAGI TALUK, BAGALKOT DISTRICT-581402. 2. V.SANGEETHA (SL.No.377), WAITING FOR POSTING AS STAFF NURSE, (APPLIED AND PRESENTLY WORKING AS STAFF NURSE), O/O MEMBER SECRETARY, SPECIAL RECRUITMENT COMMITTEE AND EX OFFICIO OF CHIEF ADMINISTRATIVE OFFICER, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES , ANANDRAO CIRCLE, BENGALURU-560 001. …RESPONDENTS (BY SRI VIJAYA RAGHAVA SARATHY H. M., ADVOCATE FOR R1; R2 SERVED UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 25/02/2020 PASSED BY THE HON'BLE KSAT, BENGALURU IN APPLICATION No. 5926/2019 VIDE ANNEXURE-A ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38279-DB WP No. 6453 of 2022 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard Smt. B. Sukanya Baliga, learned Additional Government Advocate for the petitioner, and Sri H.M. Vijaya Raghava Sarathy, learned counsel for respondent No. 1. Respondent No.2 has been served and is unrepresented. 2. The State is before this Court under Article 226 of the Constitution of India, assailing the order in Application No.5926 of 2019 dated 25.02.2020, passed by the Karnataka State Administrative Tribunal, Bengaluru (hereinafter referred to as the ‘Tribunal’). 3. Petitioner No. 3 issued a notification dated 30.05.2017, inviting applications for the post of Para-Medical Services (Staff Nurse) in the Department of Health and Family Welfare Services. Respondent No.1 filed her application on 23.06.2017, and the Provisional Select List was published on 29.08.2019. Respondent No.1 filed her objections to the Provisional Select - 4 - HC-KAR NC: 2025:KHC:38279-DB WP No. 6453 of 2022 List on 31.08.2019. The Final Select List was subsequently published on 09.09.2019. Respondent No.1 then filed an application before the Tribunal challenging the Final Select List. By the impugned order, the Tribunal directed Petitioner No.3 to consider the candidature of Respondent No. 1 for the post of Staff Nurse and to redo the Final Select List. Challenging the said direction, the State is before this Court. 4. Smt. B. Sukanya Baliga, learned Additional Government Advocate, submits that the name of the applicant/Respondent No.1 in all her educational certificates is recorded as ‘Channabasavva Shivayya Ghanti’, whereas in the Caste and Income Certificates, her name appears as ‘Smt. Shruthi Praveen Sankannavar’. Learned Additional Government Advocate further submits that another set of Caste and Income Certificates has been produced, in which the name of Respondent No.1 is mentioned as ‘Smt. Channabasavva Praveen Sankannavar’. It is submitted that discrepancies in the names were noted in the documents produced along with the application, and, as a result, Respondent No.1 was not selected. Learned Additional Government Advocate contends - 5 - HC-KAR NC: 2025:KHC:38279-DB WP No. 6453 of 2022 that the Tribunal, without taking these aspects into consideration, committed an error in directing Petitioner No.3 to consider the candidature of Respondent No.1 for the post of Staff Nurse. It is further submitted that Respondent No.1 has been appointed pursuant to the order of the Tribunal, but such appointment is subject to the outcome of the present writ petition. 5. Sri H.M. Vijaya Raghava Sarathy, learned counsel appearing for Respondent No.1, submits that the name of Respondent No.1 prior to her marriage was ‘Channabasavva Shivayya Ghanti’. Respondent No.1 was married on 28.02.2016, upon which her name was changed to ‘Smt. Shruthi Praveen Sankannavar’. Learned counsel further submits that when a query was subsequently raised regarding the discrepancy between the names in the educational certificates and the Caste and Income Certificates, fresh Caste and Income Certificates were issued in the name of ‘Channabasavva Praveen Sankannavar’. It is submitted that the difference in the names arises from the change of name consequent to marriage. Learned counsel, in support of his - 6 - HC-KAR NC: 2025:KHC:38279-DB WP No. 6453 of 2022 submissions, invites the attention of this Court to the Affidavit, Marriage Invitation, and the Marriage Certificate. 6. Having considered the submissions of the learned Additional Government Advocate for the petitioners and the learned counsel for Respondent No.1, we note that, prior to her marriage, Respondent No.1 was named ‘Channabasavva Shivayya Ghanti’, as reflected in her educational certificates. A notification inviting applications for the post was issued on 30.05.2017. Well before the issuance of the notification, she married Praveen and changed her name from ‘Channabasavva’ to ‘Shruthi’. The Marriage Invitation, at Annexure-10, indicates that her name was changed from ‘Channabasavva’ to ‘Shruthi’ at the time of her marriage. Subsequent to the marriage, her name stands as ‘Shruthi Praveen Sankannavar’, as affirmed by the affidavit filed by Respondent No.1. The change of name is further corroborated by the Identity Card issued by the Election Commission of India. It is not the case of the State that any other person is claiming identity under this change of name, nor is there any dispute regarding the identity of Respondent No.1. Change of name consequent to marriage is a common - 7 - HC-KAR NC: 2025:KHC:38279-DB WP No. 6453 of 2022 phenomenon. In the present case, the change of name is evident even from the Marriage Invitation itself. 7. Except for the technical aspect, the State has not raised any other objection regarding the candidature of Respondent No.1 or her suitability for the post. In fact, pursuant to the order of the Tribunal, Respondent No.1 has been appointed and, as submitted, is presently in service. 8. The Tribunal, having duly considered the aforesaid aspects, is justified in directing Petitioner No.3 to consider the candidature of Respondent No.1 for the post of Staff Nurse and to redo the Final Select List within one month. The order of the Tribunal is, therefore, justified, and no error or illegality has been pointed out warranting interference. 9. In view of the foregoing, the following: Order (i) Writ petition is dismissed. (ii) If the direction of the Tribunal is not complied with, the same shall be complied within three months from the date of production of copy of this order or - 8 - HC-KAR NC: 2025:KHC:38279-DB WP No. 6453 of 2022 uploading of this order in the official website of this Court, whichever is earlier. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE MV List No.: 1 Sl No.: 35