D.L. Girisha v. State of Karnataka

December 13, 2024
Case No. WP 10707/2023 Date of Filing 21/05/2023 Status Disposed Petitioners D.L. Girisha Virupaksha H.B Nagaraja K.C Respondents State of Karnataka, Chairperson & Commissioner of Land Survey Settlement and Land Records, State Commissioner for Disabilities

CLPR, on behalf of D.L. Girisha, has approached the Court in W.P. No. 10707/2023, one of  three writ petitions which challenged the appointment of persons to reserved posts on the basis of fake disability certificates. The selected candidates, upon retesting, were found to not have benchmark disability of 40%. Despite the State Commissioner for Persons with Disabilities ordering the appointment of the Petitioner, no action was taken by the State government.

 

The CLPR litigation team comprising of Senior Advocate Jayna Kothari, Advocate Payal Gaikwad, and Naibedya Dash represented the petitioner before the High Court of Karnataka. Jayna argued that there was no right to departmental enquiry available to the selected candidates. She further stressed that the selected candidates had secured the reserved positions through fake disability certificates, and had rightfully been dismissed. Subsequently, in a judgement on 30th October, 2024, a Division Bench of the High Court held in favour of the Petitioner.

 

The Court cancelled the appointments secured by fake certificates and directed the respondents to appoint the Petitioner.

Case No. WP 10707/2023 Date of Filing 21/05/2023 Status Disposed Petitioners D.L. Girisha Virupaksha H.B Nagaraja K.C Respondents State of Karnataka, Chairperson & Commissioner of Land Survey Settlement and Land Records, State Commissioner for Disabilities