(Prayer: These petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash order/communication of the 1st respondent denying the weightage to be granted to the petitioners dated 09.04.2015 (Annexure-A); direct the respondents to provide weightage as per the orders passed in W. P. Nos. 11286/06 C/W WP Nos. 3291/2006, 1987/2005 and 42136/2004, W. P. Nos. 27922-27952/2004, W. P. Nos. 21484-27952/2004 and W. A. 428/2008 and W. A. 353/2008 and SLP (CIVIL) CC. No. 13861/2009; direct the respondents to grant reservation to the post of driver, conductor in so far as the petitioners herein; direct the respondents to relax the age limit of 45 years as eligibility condition to the post of driver, conductor and driver cum conductor in so far as the petitioners herein; direct the 1st respondent to grant alternative employment in government service in group C and D posts.
These petitions coming on for preliminary hearing in B group this day, the court made the following)
1. Heard the learned advocates and perused the record.
2. Pursuant to the orders as at Annexures B,B1 and B2 and dismissal of writ appeals vide the Judgments as at Annexures B3 and B4 and dismissal of the SLP filed by order as at Annexure B5, KSRTC having passed a resolution on 07.06.2014 in the 422nd meeting of the Board of Directors and submitted the same to the Government on 07.08.2014 and the Government having informed the Managing Director, KSRTC, Bengaluru on 09.04.2015 as per Annexure A that the proposal made in the matter of providing weightage while filling the posts of conductors has been rejected, these writ petitions were filed to quash Annexure A and grant consequential reliefs.
3. Sri D. Aswathappa, learned Addl. Government Advocate made available the file leading to the issuance of Annexure A. Perusal of the file shows that pursuant to the discussion in the Karnataka Legislative Assembly and the proposal submitted by the KSRTC, enclosing a copy of resolution dated 07.06.2014, the opinions of Department of Personnel and Administrative Reforms and the Law Department in the matter of providing weightage by the amendment of Cadre and Recruitment Rules was sought. Both the said Departments have furnished their opinions. Transport Department having received the opinions, file was processed and a note was put up and the orders of the Honourable Minister for Transport was sought. Note put up to the Minister for passing order being relevant is extracted here in below: Kannada
4. The file put up by the Under Secretary was signed by the principal secretary and placed before the Minister. Without making any order i.e. either accepting or disapproving the note and taking any decision, only signature was affixed by the Minster. Thus, it is clear that there is no order/ decision by the Minister.
5. However, Annexure A shows that the matter appearing therein has the approval of the Minister which is incorrect. The file does not show the Minister having agreed with the opinions furnished by the DPAR and the Law Departments.
6. It is apparent that the proposal of KSRTC in the matter of providing weightage , by amendment of Cadre and Recruitment Rules has not found acceptance by the DPAR and the Law Department. The opinions received were places for consideration of the Minister and the order was sought. The Minister has not passed any other order. Except affixing the signature below the aforesaid note i.e., after the file was sent to him by the Principal Secretary, Transport Department, nothing else has been done. Hence, the impugned communication stating that there is approval of the said opinions by the Minister on account of which the proposal to provide Weightage cannot be accepted is totally wrong. Annexure A is contrary to the matter as appearing in the file of the Government. Hence, Annexure A is arbitrary and illegal.
In the result, writ petitions are allowed and communication as at Annexure A is quashed. The matter shall be considered by the Government of Karnataka by keeping in view the observations made in the Orders and Judgments as at Annexures B to B4 and also the resolution dated 07.06.2014 of KSRTC.
Time for compliance is 45 days from the date a copy of this order becomes available to the 1st respondent.