MR. PAVAN. K v. BANGALORE METRO RAIL CORPORATION LTD.,
RP/172/2025 · 2025-09-11
S Sunil Dutt Yadav
Review Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 89780 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 89780 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36124 RP No. 172 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV REVIEW PETITION NO.172 OF 2025 BETWEEN:
1. MR. PAVAN K S/O KUMARAPPA AGE. 30 YEARS, NEERAGUNDA VILLAGE, SANEHALLI POST, HOSADURGA TALUK, CHITRADURGA DISTRICT-577 515. 2. MR. NAVEENKUMAR T K S/O SRI. KARI GOWDA, AGE. 31 YEARS, RESIDENCE AT THIMMASANDRA VILLAGE, LALAGATA POST CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160. 3. MR. RAKESHA P S/O SRI. PARAMESHWARAPPA P AGE. 33 YEARS, R/AT DOOR NO.58, T. GOPAGONDANAHALLI, MADIKECHILUR POST, NYAMATHI TALUK, DAVANAGERE DISTRICT-577 216. 4. MS. ASHWINI DAUGHTER OF YOGENDRA AGE. 29 YEARS, R/AT #437, SECOND MAIN ROAD, FIRST A CROSS MATHIKERE, EXTENSION MATHIKERE, BENGALURU-560 054. PERMANENT ADDRESS. POST JALASANGI, HUMNABAD TALUK, BIDAR DISTRICT-585 418. 5. MR. CHIKKADYAVAIAH S/O DYAVAIAH, AGE. 31 YEARS, R/AT RAMANATHA MOLE (VILLAGE), ANASALE (POST) MALAVALLI (TALUK), MANYDA (DISTRICT)-571 424. 6. MR. MALLANAGOUDRA HANUMANTHGOUDA S/O SRI. GOVINDAPPA M AGE. 28 YEARS, R/AT MATTURU VILLAGE. YARABALU POST, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT-583 137. 7. MRS. SUJATA D/O SURYAPRAKASH, AGE. 36 YEARS, R/AT #71 3RD MAIN INCOME TAX LAYOUT, CHANDRA LAYOUT, BENGALURU–560 040. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench
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8. MR. AJAY M C S/O SRI. CHANDRU M R AGE. 26 YEARS, R/AT MUDAGERE VILLAGE AND POST, MALUR HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160. 9. MR. BHEERAPPA IVANAGI S/O SRI. HUCHCHESAB AGE. 25 YEARS, R/AT KANAKAL VILLAGE, KANAKAL POST, HUVIN HIPARAGI HOBALI, BASAVAN BAGEWADI TALUK, VIJAYAPUR DISTRICT-586 203. 10. MS. KUSUMA A M D/O SRI. MAHALINGACHARI, AGE. 21 YEARS, R/AT ANNAHALLI VILLAGE, KEMBOOTHAGERE POST, KASABA HOBLI, MALAVALLI TALU, MANDYA DISTRICT-571 430. 11. MRS. DIVYA B W/O LOKESHA, AGE. 30 YEARS, R/AT KODAMBAHALLI VILLAGE AND POST, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 138. 12. MR. RAGHAVENDRA P S/O PURUSHOTHAM, AGE. 29 YEARS, R/AT NO.12, 2ND A CROSS, J C NAGAR, KURUBARAHALLI MAHALAKSHMI LAYOUT POST, BANGALORE-560 086. 13. MS. MADHUSHREE B N D/O NAGARAJU, AGE. 24 YEARS, R/AT BANAVARA VILLAGE, GONIMARUR POST, SOMWARPET TALUK, KODAGU DISTRICT-571 236. 14. MR. ANKOSHA S/O SRI. MALLIKARJUNA AGE. 27 YEARS, R/AT 2/106 KANKATTA, KANKATTA POST, HUMNABDA TALUK, BIDAR DISTRICT-585 353. 15. MS. ASHWINI B G D/O LATE GUDDAPPA AGE. 21 YEARS, R/AT BARAGURU, BARAGURU POST, SIRA TALUK, TUMAKURU DISTRICT-572 113. 16. MS.
RASHMI S K D/O KUMARA R/AT SRI. RAMA NILAYA, VISHVESHWARAIAH LAYOUT, HOSA SIDDAPUR, SHIMOGA-577 301. 17. MR. SUNILAKUMAR KASHINATH S/O KASHINATH, AGE. 26 YEARS, R/AT KOLIHAL N TANDA POST, KOLIHAL TALUK, HUNASAGI DISTRICT, YADGIR-585 215. - 3 -
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18. MS. NANDINI V D/O VENKATESHAPPA, AGE 28 YEARS, PURA VILLAGE, LAKKUR POST, MALUR TALUK, KOLAR DIST-563 160. 19. MR. SHIVARAJA S/O SRI SIDDAPPA, AGE. 31 YEARS, R/AT NO. 97/A, 1ST MAIN, 3RD CROSS, CHAMUNESHWARI, LAYOUT VIDDYARANNAPURA POST BANGALORE-560 097. 20. MS. SHWETHA S M D/O MARIYAPPA, AGE. 26 YEARS, R/AT SUNNAGHATTA VILLAGE, HONGANOOR POST, CHANNAPATNA TALUK, RAMANAGARA DISTRICT–562 138. 21. MR. UMASHANKAR D S/O DEVARAJ, AGE. 41 YEARS, R/AT #18/6, 15TH CROSS, BHUVANESHWARINAGAR, MAGADI ROAD, BENGALURU-560 023. 22. MR. RAMACHANDRA H C S/O SRI CHIKKAMARISHETTY, AGE. 28 YEARS, R/AT NO. HOSADURGA VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT, HOSADURGA POST-562 119. 23. MR. ARUNKUMAR M N S/O SRI. NATHAPPA AGE. 27 YEARS, R/AT #113, MENASIGANAHALLI, CHANNAPATTANA TALUK, RAMANAGARA DISTRICT-562 138. 24. MR. MANAPPA S/O GURAPPA AGE. 28 YEARS, R/AT #23, HANCHINAL S.A.
POST HARNOOR, JEWARGI TALUK, KALAGURAGI DISTRICT-585 310. 25. MS. UMA N W/O ASHOK S AGE. 30 YEARS, VIJALAPURA VILLAGE, VEERUPAKSHI POST, MULBAGAL TALUK, KOLAR DISTRICT–563 131. …PETITIONERS (BY SRI. PARASHURAM A.L., ADVOCATE)
AND:
1. BANGALORE METRO RAIL CORPORATION LTD., BMTC COMPLEX 3RD FLOOR, K H ROAD,
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SHANTINAGAR, BANGALORE-560 027 REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE GENERAL MANAGER, BANGALORE METRO RAIL CORPORATION LTD., BMTC COMPLEX 3RD FLOOR, K H ROAD, SHANTINAGAR, BANGALORE-560 027. 3. SRI. HARISH MURTHY H.N, S/O NARASIMHA MURTHY, AGE. 28 YEARS, NOW R/AT NO.142, HYADALU, MYLANAHALLI, NELAMANGALA TALUK, BENGALURU RURAL, BENGALURU-562 123. 4. SRI. MAHANTESH MAHADEV DIVANMAL S/O MAHADEV, AGE. 33 YEARS, R/AT NO.3045, KUMBARGALLI, ATHANI, KARNATAKA-591 304. 5. SRI. PRAKASH S. BHASAGI, S/O LATE SHIVALINGAPPA, AGE. 27 YEARS, R/AT POST GUNDAGI, SINDAGI TALUK, VIJAYAPURA-586 202. 6. SRI.
ABDUL RAFI BAGALKOT, S/O AMINUDDIN BAGALKOT, AGE. 35 YEARS, R/AT NO. 843, NEAR SAVAJI GIRANI, JAVALI PLOT, GANJENDRAGAD, GADAG-582 114. 7. SMT. RASHMI L., W/O GURUPRASAD W.M, AGE. 33 YEARS, R/AT NO.52, II FLOOR, BHARGAVA RESIDENCY, 2ND MAIN ROAD, 3RD CROSS, KEB LAYOUT, SANJAYNAGAR, BENGALURU-560 094. 8. MS. SHWETHA. S., D/O SHRIRAM, AGE. 26 YEARS, R/AT NO.10, KAMMADHENU NILAYA, 4TH CROSS, C.S.R. LAYOUT, LAKSHMIPURA CROSS, VIDYARANYAPURA POST, BENGALURU-560 097. 9. SMT. VIJAYALAXMI DATTA LOKARE, W/O HARISH ANIGOL, AGE. 33 YEARS, R/AT NO.406/1A, BASAVA CIRCLE, BAILHONGAL, BELAGAVI-591 102. 10. SMT. SHASHIKALA Y.M., W/O RAJKUMAR NAYAKODI, AGE. 29 YEARS, R/AT NO.18, 5TH CROSS, BYRAWESHWAR NAGAR, NAGARBHAVI MAIN ROAD, MOODALA PALYA, BENGALURU-560 072. - 5 -
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11. SRI. CHETHAN KUMAR M., S/O MANJEGOWDA, AGE. 32 YEARS, R/AT PLOT NO.14, GOVINDAPPA LAYOUT RICEMILL, KANAKAPURA TALUK, RAMANAGARA DIST-562 117. 12. SRI. MADHU. R., S/O RAMAPPA, AGE. 27 YEARS, R/AT NO.03, LIDUMALOTIPALYA VILLAGE, BYALYA POST, PURAVARA HOBLI, MADHUGIRI, TUMKUR DISTRICT-572 175. 13. SRI. HARSHITH. D., S/O DASARATHA. R., AGE. 26 YEARS, R/AT NO.21, 1ST MAIN ROAD, PREETINAGAL, LAGGERE, BANGALURU-560 058. 14. SRI. CHETHAN KUMAR N.G., S/O GURUMURTHY, AGE. 31 YEARS, R/AT NANDIHALLI, CHIKKASARANGI POST, TUMKUR-572 118. 15. MS. MEGHA G., D/O GANESH R., AGE. 23 YEARS, R/AT NO.26, 1ST MAIN ROAD, 6TH CROSS, LAKSHMIPURAM, HALASURU, BANGALURU-560 008. 16. SRI. ABHISHEK S.P., S/O PUTTASWAMY, AGE. 29 YEARS, R/AT SULLEN VILLAGE AND POST, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 160. 17. SRI. DEVARAJ K., S/O LATE KEMPEGOWDA K.R., AGE. 25 YEARS, R/AT KOTTIGEGOLLAHALLI (V & P), GULUR, TUMKUR-572 104. 18. SRI. PRABHULINGA DODAMANI, S/O MALLIKARJUN, AGE. 31 YEARS, R/AT BEHIND GOVERNMENT HOSPITAL, KALKERE TALUK, TALIKOTI, VIJAYAPURA DISTRICT-586 118. 19. SRI. CHETHANA. S., S/O SHIVANNA, AGE. 31 YEARS, R/AT NO.89, 3RD MAIN ROAD, K.B.S. WATER SUPPLY, UTTARAHALLI, BANGALURU-560 061. 20. SRI. RAMACHANDRA, S/O LATE KRISHNA NAIK, AGE. 37 YEARS, R/AT NO.2-113, NELLIGADDE, POST MATPADY, BRAHMAVARA TALUK, UDUPI DISTRICT-576 213.
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21. SRI. RAVIKIRAN K., S/O KAMBAIAH R., AGE. 30 YEARS, R/AT NO.3/3, SILVER WATERS, DEVALAPURA, DEVANAGUNDI, HOSAKOTE, BENGALURU RURAL-560 067. 22. MS. SHAKUNTHALA R., D/O RANGARAJ R., AGE. 30 YEARS, R/AT NO.38/1, II CROSS, GANGAPPA BLOCK, GANGANAGAR, BENGALURU-560 032. 23. SRI. VINAYAKA L., S/O LAKSHMANA, AGE. 26 YEARS, R/AT NO.781/A, LENIN NAGAR, 1ST MAIN ROAD, 3RD CROSS, DAVANAGERE-577 002. 24. SRI. KUMAR S/O TUKARAM, AGE. 27 YEARS, R/AT SANNUR TANDA, SANNUR TALUK, KALABURGI DISTRICT-585 102. 25. SRI. MOHANRAO P., S/O PARAMESHWARAPPA, AGE. 30 YEARS, R/AT NO.#476, SOMASUNDARA VILLAGE, KURUGODU TALUK, BELLARY DISTRICT-583 102. …RESPONDENTS (BY SRI. VIKRAM HULIGOL, SENIOR ADVOCATE FOR SRI. K. KRISHNA, ADVOCATE FOR R1 & R2;
SRI. PRITHVISH M.K., ADVOCATE FOR R3 TO R25)
THIS REVIEW PETITION IS FILED UNDER SECTION 114 AND
ORDER XLVII RULE 1 OF THE CODE OF CIVIL PROCEDURE 1908 READ WITH ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA 1950, PRAYING TO CALL FOR RECORDS IN WRIT PETITION NO.28577/2023 AND REVIEW ITS JUDGMENT AND ORDER DATED 25.01.2025 PASSED IN WRIT PETITION NO.28577/2023 AND CONSEQUENTLY ALLOW WRIT PETITION NO.28577/2023 FILED BY THE REVIEW PETITIONERS & ETC.
THIS REVIEW PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
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ORAL ORDER
The present Review Petition has been filed seeking for review of the order dated 25.01.2025 passed in W.P.No.8208/2024 c/w W.P.No.28577/2023. This Court, by a detailed order has rejected the said writ petitions.
2. Though various grounds have been raised, the only two grounds pressed for consideration at the time of
arguments are dealt with as follows:-
[A] That this Court in its order has referred to Link-1 at para-17 and if the same is taken note of, at the last portion of Link No.1, there is a space before ‘( 2)’ and if space is left and Link No.1 is accessed, it would not go to the page of RDSO.
3. It must be noticed as rightly pointed out by learned Senior Counsel Sri Vikram Huilgol appearing on behalf of Bangalore Metro Rail Corporation Ltd (BMRCL) that Link No.1 referred to at para-17 of the order is taken
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from Annexure-‘R9’ filed alongwith the additional statement of objections on 28.10.2024. Insofar as the said Link is concerned, there is a reference to the same Link even at para-5 of the Affidavit filed by the petitioners on 12.11.2024.
4. The Link found at Annexure-‘R9’ of additional statement of objections and para-5 of the Affidavit are reproduced hereinbelow:- The Link as per Annexure-‘R9’ is: (https://rdso.indianrailways.gov.in/works/uploads/File/Metro%20Guidelines%20CBT (2).pdf)
The Link as per para-5 of the Affidavit is: (https://rdso.indianrailways.gov.in/works/uploads/File/Metro%20Guidelines%20CBT (2).pdf)
5. It must be noticed that the Court while reproducing the Link, there appears to have been a mistake while leaving space before ‘(2)’, i.e. [( 2)]. The mistake that has crept in while copying and pasting the Link cannot be attributed to be a mistake of BMRCL. Even
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otherwise, the Court while referring to FAQs has referred to the FAQs of being illustrative and could not have the effect of overriding the Recruitment Notification by BMRCL. Further, it is observed that, in the event of any ambiguity, the Recruitment Notification shall prevail.
6. Accordingly, it would not be necessary to re-hear this aspect as regards the Link leading to RDSO Website and FAQs when the Court itself has observed that the Link leads to RDSO and FAQs would only refer to Guidelines. From the grounds made out as noticed above, it cannot be stated that there is an error apparent and accordingly, interference in review petition is not called for. [B] Insofar as the contention regarding T-Score,
learned counsel for the review petitioner submitted that T-Score ought to have been prescribed. The Court has come to a conclusion that T-Score is relative as in terms of the formula for calculation of T-Score. There is a
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reference to the relevant scores of candidates as is noticed from formula at para-22 of the order. If eventual calculation of T-Score would refer back to Mean Score of all candidates, obviously, T-Score has to be relative and could not have been prescribed.
7. This Court finds no merit in the grounds made out as canvassed. It must also be noticed that this Court has passed a detailed order referring to various aspects including that are now raised in the present review petition. Hence, it would not be appropriate to re-hear the matter and the very fact that certain technical aspects have been adverted to with detailed reasoning, the said aspects cannot be re-visited or re-heard on the grounds of review. Accordingly, the review petition is rejected.
Sd/- (S SUNIL DUTT YADAV) JUDGE
VGR, CT:VP LIST NO.: 19 SL NO.: 2