- 1 - HC-KAR NC: 2025:KHC:31861-DB WP No. 20090 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 20090 OF 2019 (S-KSAT) BETWEEN: 1. SUNIL KUMAR M. R., S/O RAJU D., AGED ABOUT 28 YEARS, R/A No.12, WARD No.19, SIR MIRJA ISMAIL ROAD, MUSLIM BLOCK, K. R. NAGAR TOWN, MYSORE DISTRICT-571602. …PETITIONER (BY SMT. K. PRASANNA, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER & PRESIDENT DISTRICT LEVEL GROUP-D POSTS, DIRECTOR RECRUITMENT SELECTION COMMITTEE MYSORE DISTRICT, MYSORE-570001 Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31861-DB WP No. 20090 of 2019 3. THE JOINT DIRECTOR & MEMBER SECRETARY DISTRICT LEVEL GROUP-D POSTS DIRECT RECRUITMENT SELECTION COMMITTEE, SOCIAL WELFARE DEPARTMENT, DR. BABU JAGAJEEVANRAM BHAWAN, AADI PAMPA ROAD NARAYANASWAMY BLOCK, PADUVARAHALLI EAST EXTENSION, MYSORE-570012. 4. THE ASSISTANT DIRECTOR, SOCIAL WELFARE DEPARTMENT, K. R. NAGARA TALUK, K. R. NAGARA, MYSORE DISTRICT 571602. …RESPONDENTS (BY SMT. SUKANYA BALIGA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE- A DATED 10.04.2019 IN APPLICATION No.4729/2017 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BANGALORE BY ALLOWING THE APPLICATION No.4729/2017 FILED BY THE PETITIONER HEREIN. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND - 3 - HC-KAR NC: 2025:KHC:31861-DB WP No. 20090 of 2019 ORAL ORDER (PER: HON'BLE MR. JUSTICE K.V. ARAVIND) The unsuccessful applicant in Application No.4729 of 2017 has filed the present petition under Article 226 of the Constitution of India, challenging the order dated 10.04.2019 passed by the Karnataka State Administrative Tribunal, Bengaluru (hereinafter referred to as 'the Tribunal'). 2. The respondents invited applications for the post of Kitchen Assistant in Mysuru District, vide Notification dated 20.10.2016. The petitioner applied for the said post. The Social Welfare Department, by its endorsement dated 20.07.2017, recorded that the petitioner was not eligible on the ground that he did not possess a service/experience certificate as a cook and, therefore, did not fulfill the conditions prescribed for selection. The Tribunal, thereafter, rejected the application, holding that the experience certificate produced by the petitioner was not issued by a recognized or approved institution/agency. 3. Sri K. Prasanna, learned counsel appearing for the petitioner, submits that the petitioner has discharged his duties - 4 - HC-KAR NC: 2025:KHC:31861-DB WP No. 20090 of 2019 as a cook for a period of four years in the respondent- Department on a contract basis through a private agency. Learned counsel further submits that Annexure-A6, issued by the Assistant Director, Social Welfare Department, dated 18.11.2016, substantiates the petitioner’s experience as a cook in a hostel. It is submitted that the petitioner rendered his services from 01.11.2012 to 18.11.2016. It is submitted that the rejection of the petitioner’s application for appointment, as well as the order of the Tribunal, are wholly unsustainable. 4. Smt. B. Sukanya Baliga, learned Additional Government Advocate, appearing for the respondent-State and its authorities, submits that three years’ experience in cooking, along with a certificate to that effect from a certified or recognized organization/institution, is a mandatory requirement. The petitioner has failed to produce the requisite experience certificate; consequently, his application for appointment could not be considered. It is further submitted that the selection process has been completed, and no further action in the matter is permissible. - 5 - HC-KAR NC: 2025:KHC:31861-DB WP No. 20090 of 2019 5. In response to the submission of the learned Additional Government Advocate, learned counsel for the petitioner contends that all the notified posts were not filled and that vacancies still remain, including in the category for which the petitioner has applied. This contention was not disputed by the learned AGA. 6. Having considered the submissions of learned counsel for the petitioner and the learned Additional Government Advocate, it is observed that the petitioner’s application for appointment was not considered on the ground that he failed to produce a three-year cooking experience certificate from a certified or recognized organization/institution. The petitioner, however, has produced a certificate issued by the Assistant Director, Social Welfare Department (Annexure-A6), stating that he served as a hostel cook on an outsourced basis from 01.11.2012 to 18.11.2016. In contrast, the endorsement dated 20.07.2017 records that a cooking experience certificate from a certified or recognized institution/organization is a mandatory requirement. In view thereof, the petitioner is found not to be suitable for the post. - 6 - HC-KAR NC: 2025:KHC:31861-DB WP No. 20090 of 2019 7. The certificate dated 18.11.2016, issued by the Assistant Director, Social Welfare Department, is not disputed. According to this certificate, the petitioner possesses more than four years of cooking experience, specifically in the Social Welfare Department Students’ Hostel. A three-year experience certificate is intended to ascertain the cooking experience of the candidate. The certificate issued by the Assistant Director, Social Welfare Department, cannot be considered inferior to a certificate issued by a certified or recognized organization/institution. The endorsement disregarding Annexure-A6 reflects a narrow approach and is without due consideration of the purpose and object of requiring experience. 8. Another aspect that requires notice is that the Notification dated 20.10.2016 prescribes the educational qualifications for the post, without any requirement for an experience certificate from a recognized organization/institution. Such a requirement appears to have been introduced only in the online application. According to the Notification, a practical examination was to be conducted to - 7 - HC-KAR NC: 2025:KHC:31861-DB WP No. 20090 of 2019 ascertain the cooking experience of the candidates. It is not the case of the respondent-authorities that such a practical examination was conducted to deem the petitioner unsuitable. While the question of whether an application can impose additional qualifications on candidates is not required to be examined in detail at this stage, having regard to the certificate at Annexure-A6, this Court is of the view that it satisfies the requisite condition regarding the candidate’s qualification for appointment as a cook. 9. Consequently, the impugned endorsement at Annexure-A17 dated 20.07.2017 is unsustainable, and the suitability of the petitioner requires reconsideration, accepting Annexure-A6 as the requisite experience certificate. The Tribunal, without duly considering the eligibility conditions prescribed under the Notification and the effect of Annexure- A6, erred in rejecting the petitioner’s application. 10. In view of the foregoing discussions and findings, the following: O R D E R (i) Writ petition is allowed. - 8 - HC-KAR NC: 2025:KHC:31861-DB WP No. 20090 of 2019 (ii) The order in Application No.4729/2017 dated 10.04.2019 passed by Karnataka State Administrative Tribunal at Bengaluru is hereby set aside. (iii) The endorsement dated 20.07.2017 at Annexure- A17 bearing No.dA.¤:¸ÀPÀE:¹§âA¢:¹Dgï70:2016-17 issued by respondent No.3 is set aside. (iv) The respondent-authorities are directed to consider the application of the petitioner to the post of hostle cook as notified in Annexure-A1 by treating Annexure-A6 as requisite experience certifcate. (v) The above exercise shall be completed within a period of three months from the date of receipt of copy of this order. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 12