- 1 - HC-KAR NC: 2026:KHC:4003-DB WP No. 21068 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 21068 OF 2023 (S-KSAT) BETWEEN: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVT., HEALTH AND FAMILY WELFARE DEAPRTMENT, M. S. BUILDING, BENGALURU-560001. 2. THE COMMISSIONER, OFFICE OF THE COMMISSIONERATE HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, 5TH FLOOR, MAGADI ROAD, BENGALURU-560023. 3. THE DIRECTOR, OFFICE OF THE DIRECTORATE HEALTH AND FAMILY WELFARE SERVICES, AROGYA SOUDHA, 1ST FLOOR, MAGADI ROAD, BENGALURU-560023. 4. THE SECRETARY SPECIAL RECRUITMENT COMMITTEE AND CHIEF ADMINISTRATIVE OFFICER, DEPARTMENT OF HEALTH AND FAMILY WELFARE SERVICES, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4003-DB WP No. 21068 of 2023 ANANDRAO CIRCLE, BENGALURU-560009. …PETITIONERS (BY SRI VIKAS ROJIPRA, AGA) AND: 1. SMT.SUPREETHA B.N., W/O RAJENDRA D. P., AGED ABOUT 31 YEARS, R/AT "GANGE MANE", GANGA BADAVANE, NEAR MAHALINGESHWARA TEMPLE, KAPITHANIO SCHOOL ROAD, KANKANADY, MANGALURU-575002. …RESPONDENT (BY SRI DR. S.V. GIRIKUMAR, ADVOCATE) THIS WRIT PEITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING/SETTING ASIDE THE ORDER DATED 18/01/2023 IN APPLICATION No.2277/2022 PASSED BY THE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, AT BENGALURU (ANNEXURE-A). THIS PETITION, COMING ON FOR 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: 2026:KHC:4003-DB WP No. 21068 of 2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioners-State, Health and Family Welfare Department are before this Court under Article 226 of the Constitution of India questioning the order dated 18.01.2023 in Application No.2277/2022 passed by the Karnataka State Administrative Tribunal, Bengaluru (for short, 'the Tribunal'), whereunder the respondent's prayer to quash the endorsement dated 07.04.2022 (Annexure-A16) rejecting her candidature for the post of Junior Health Assistant (female) is quashed, directing to consider the validity certificate issued by the competent authority and to appoint the respondent to the post of Junior Health Assistant (female) with all consequential benefits with an observation that the respondent would be entitled for the salary from the date of joining. 2. The petitioner-respondent herein being qualified applied to the post of Junior Health Assistant (female) claiming reservation under ST/Rural/KMS, in pursuance to recruitment notification dated 30.05.2017. The respondent was selected and her name found place in the final select list at serial - 4 - HC-KAR NC: 2026:KHC:4003-DB WP No. 21068 of 2023 No.1012 under ST-Rural category. The ST certificate of the respondent was sent to the Caste and Income Verification Committee and the committee refused to issue validity certificate. Against which, respondent filed appeal before the Appellate Authority and the Appellate Authority by order dated 12.11.2021, allowed the appeal and remitted the matter back to the committee for fresh consideration. The committee, subsequently in its proceedings dated 18.02.2022 issued validity certificate in respect of ST caste certificate of the respondent. Thereafter, the petitioners instead of issuing appointment orders to the respondent, issued endorsement dated 07.04.2022 (Annexure-A16) stating that the validity period of one year has expired insofar as select list is concerned and refused to appoint respondent as Junior Health Assistant (female). 3. Questioning the said endorsement, the respondent was before the Tribunal in the aforestated application and in the impugned order, the Tribunal passed the following order; "i) The Application is allowed; ii) The 4th respondent is directed to consider the validity certificate issued by the - 5 - HC-KAR NC: 2026:KHC:4003-DB WP No. 21068 of 2023 competent authority and issue appointment order and appoint the applicant to the post of Junior Health Assistant (female) with all consequential benefits. iii) The applicant is entitled for salary only from the date of joining. However, she is entitled for other consequential benefits. iv) This exercise is required to done within a period of three months from the date of receipt of a copy of this order." 4. Questioning the above order, the petitioners-State are before this Court in this writ petition. 5. Heard learned counsel for the parties and perused the entire writ petition papers. 6. On hearing learned counsels for the parties and on perusal of the entire writ petition papers, we are of the considered opinion that no ground is made out by the petitioners to interfere with the order passed by the Tribunal. 7. Admittedly, the respodent was selected and her name found place in the final select list dated 04.09.2018 at serial No.1012 under ST-Rural category. It is also an admitted fact that initially the committee refused to issue validity certificate of ST Caste in respect of respondent and - 6 - HC-KAR NC: 2026:KHC:4003-DB WP No. 21068 of 2023 subsequently, on remand, it issued validity certificate under proceedings dated 18.02.2022. The proceedings before the Caste and Income Verification Committee as well as Appellate Authority is continuation of proceedings and it is not due to the fault of the respondent-selected candidate. 8. For delay in conducting the proceedings by the committee as well as Appellate Authority, the respondent cannot be held responsible. Only on the ground that validity certificate is issued belatedly, the validity period of select list cannot be held against the respondent. From the date of referring the respondent's caste certificate to the Caste and Income Verification Committee in the year 2018 till issuance of the certificate in the year 2022, the same was pending before the Committee as well as Appellate Authority. The said period shall have to be excluded for the purpose of determining the validity period of the select list. The direction of the Tribunal to issue appointment order on the consideration of the validity certificate is proper and correct. 9. We don’t find any merit in the present petition. Accordingly, writ petition stands rejected. - 7 - HC-KAR NC: 2026:KHC:4003-DB WP No. 21068 of 2023 10. The time for compliance of the order of the Tribunal is three months from today. In view of dismissal of the petition, the interlocutory application would not survive for further consideration and are accordingly disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 8