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The Karnataka High Court expressed its dissatisfaction with the Karnataka Cooperative Milk Producers Federation for placing a job candidate, who would have been in a reserved category, in the general category instead due to an illegible certificate.
The order was passed by a division bench of Justice Krishna Dixit and Chief Justice Prasanna Varale on November 8, allowing an appeal by the candidate to reconsider his job application.
Appealing an earlier order, the counsel for the candidate argued that on finding the Social Status certificate unreadable, an opportunity should have been provided to him to upload a new copy and not doing so was unreasonable.
The counsel for the Milk Producer Federation on the other hand argued that a provision of the Recruitment Notification clearly stated that there was a rule for rejecting applications based on unclear documents. Further it would not be possible to give such opportunities to individuals when there are thousands of applicants.
The bench noted, “The action of the federation in shunting the appellant to the General Category merely because the Certificate of Social Status which he had uploaded was not clearly visible or that it was illegible, is absolutely unfair, to say the least. A simple intimation to the candidate of the so called defect, would have been made the impugned action compliant with the principles of natural justice. No explanation is offered for not undertaking such an innocuous exercise. This falls militantly short of the fairness standards, as rightly argued by learned counsel for the Appellant.”
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They added, “What is contended is that the same was not legible when web-hosted. But, what we fail to understand is, what heavens would have fallen down had the Federation asked the Appellant to web-host a legible Certificate.”
They further pointed out that the rule for rejection in this case, would be against natural justice which were at times incorporated into fundamental rights.
Having made these observations, the bench directed the federation to reconsider the candidate’s application.
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