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Gayathri Vs. Karnataka Public Service Commission - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtKarnataka High Court
Decided On
Case NumberW.P. No. 13096 of 1983
Judge
Reported inILR1985KAR4195
ActsConstitution of India - Article 16(1) and 16(4)
AppellantGayathri
RespondentKarnataka Public Service Commission
Appellant AdvocateU.L. Narayana Rao, Adv.
Respondent AdvocateN. Devadas, HCGP for R-1, 2 and 8
Excerpt:
constitution of india article 16(1) -- reservation of posts of lecturers in the department of collegiate education -- only method by which the right guaranteed under article 16(1) could be ensured is to provide reservation subject wise following the roster prescribed in appendix-ii to government order dated 4th march 1977.;question for consideration: 'whether in making selection for appointment to the cadre of lecturers in the collegiate education depart-ment of the state government the reservation of posts provided for by the state government by an order made under clause (4) of article 16 of the constitution should be effected subject wise and whether if it is given on the basis of total number of posts in respect of which selection is made by the commission, it would be violative of..........class. the commission, by its notification dated 20-1-82 invited applications for 59 (fifty nine) posts of lecturers in the department of collegiate education in different subjects specified in the notification. the relevant portion of the notification reads :statement showing the particulars of the posts for which applications are called for :xxxxxx2. no. of vacancy is advertised,designation of the vacancy/vacancies and department.59posts of lecturers in the depart- of collegiate education in the following subjects :english: 07kannada: 06telugu: 01urdu: 01history: 08economics: 07politicalscience: 06sociology: 02geography: 01commerce: 09physics: 04chemistry: 02mathematics: 02botany: 02geology: 013. scale of payrs. 750-50-1000-60-1300-75-1525.group-b 4. minimum qualification prescribed.....
Judgment:
ORDER

Rama Jois, J.

In this Writ Petition in which the petitioner has questioned the legality of the selection, made by the Karnataka Public Service Commission ('the Commission' for short), of persons for appointment as Lecturers in the department of Collegiate Education of the StateGovernment, the following question of law arises for consideration.

1. Whether in making selection for appointment to the cadre of Lecturers in the Collegiate Education Department of the StateGovernment the reservation of posts provided for by the State Government by an order made under clause (4) of Article 16 of the Constitution should be effectedsubject wise and whether if it is given on the basis of total number of posts in respect of which selection is made by the Commission, it would be violative of Article 16(1) of the Constitution?.

2. The facts of the case, in brief, are as follows : The petitioner passed M.Sc, Degree in Physics of the Mysore University in I Class. The Commission, by its notification dated 20-1-82 invited applications for 59 (fifty nine) posts of Lecturers in the department of Collegiate Education in different subjects specified in the notification. The relevant portion of the notification reads :

Statement showing the particulars of the posts for which applications are called for :

XXX

XXX

2. No. of Vacancy is advertised,designation of the vacancy/vacancies and department.

59posts of Lecturers in the Depart- of Collegiate Education in the following subjects :

English

: 07

Kannada

: 06

Telugu

: 01

Urdu

: 01

History

: 08

Economics

: 07

PoliticalScience

: 06

Sociology

: 02

Geography

: 01

Commerce

: 09

Physics

: 04

Chemistry

: 02

Mathematics

: 02

Botany

: 02

Geology

: 01

3. Scale of pay

Rs. 750-50-1000-60-1300-75-1525.GROUP-B 4. Minimum qualification prescribed forthe posts.

Gazetted: Must be a holder of a degree notlower than a second class Masters'sdegree of a University established by law in India with the concerned subjectas a major subject at the master's degree level.

XXX

XXX

XXX

5. Classification of Vacancies

Ex. MP

6 posts

SCs

7 posts

STs

1 post

BTs

3 posts

BCT

4 posts

BSG

8 posts

BCM

10 posts

GM

20 posts

59 posts

AmongEx-MPs SCs-2, STs-1,

BCM-1,BCT-1 and BSG-1.

XXX

XXX

XXX

As may be seen from the notification reservation in favour of backward classes in provided for on the basis of total number of posts.

2a. The petitioner being eligible to compete for selection for the post of Lecturer in Physics submitted her application to the Commission. She was called for interview by the Commission and was interviewed. Thereafter, the list of selected candidates was published as per the notification dated 18th June 1983, copy of which is produced as Annexure-C which has been produced along with memo dated 13-1-1984. The petitioner was not selected. Aggrieved by the said selection, the petitioner has presented this Petition.

3. The challenge to the legality of the selection made by the Commission is on the following basis : The posts of Lecturers in different subjects in the Collegiate Education Department carried an identical pay scale of Rs. 750-50-1000-60-1300-75-1525. A candidate for beingeligible for the post of Lecturer in a particular subject has to possess a Master's degree in the concerned subject not lower than second class of a University established by law. Though applications were invited for 59 posts of Lecturers in identicalpayscale in a common advertisement, still the eligibility of candidates is distinct and separate in respect of each of the subjects. In other words, a candidate possessing Master's degree like the petitioner could compete only for the posts of Lecturers in Physics as she is not eligible for selection for the posts of Lecturer in any other subject. That being the position, the reservation of posts in favour of persons belonging to S.C, S.T. and other backward classes, asprovided for by the State Government, should have been provided for subject wiseand the failure to do so has resulted in denial of equality of opportunity in matters relating to employment under the State guaranteed to the petitioner under Clause (1) of Article 16 of the Constitution.

4. In order to demonstrate as to how the petitioner has been adversely affected on account of the manner of reservation provided for, the petitioner has furnished a statement consisting of the following particulars.

Subject

No. of POSTSNo. of CANDIDATES SELECTEDIN EACH CATEGORY TOTAL

GM

BCT

BT

BCM

BSG

SC

ST

EX. MP

I

2

3

4

5

6

7

8

9

10

11

English

07

7

--

--

--

--

--

--

--

7

Kannada

06

--

2

1

1

--

2

--

--

6

Telugu

01

1

--

--

--

--

--

--

--

1

Urdu

01

--

--

--

2*

--

--

--

--

2*

History

08

3

--

--

2

1

2

--

--

8

Economics

07

--

--

2

1

2

2

1

--

8

PoliticalScience

06

2

--

--

--

2

--

--

1

6

Sociology

02

--

--

--

--

2

1

--

--

3

Geography

01

--

--

--

1

--

--

--

--

1

Commerce

09

7

1

--

--

1

--

--

--

9

Physics

04

1

2

--

2

--

--

--

--

5*

Chemistry

02

--

--

--

--

1

1

--

--

2

Mathematics

02

1

--

--

1

--

--

1

--

3*

Botany

02

--

1

--

1

--

1

--

3*

Geology

01

--

1

--

--

--

--

--

--

1

23

7

3

11

9

9

2

1

65

In excess of the number of vacancies advertised.

5. Learned Counsel for the petitioner stated that the method of reservation followed by the Commission has resulted in the denial of equal opportunity in relation to selection for appointment and in this behalf submitted as follows: In the subject of English as against 7 posts, all the seven posts have been made available to general merit. Similarly in the subject of Commerce for 9 posts, 7 posts have been made available for general merit. In the case of Physics, though 4 posts were advertised actual selection has been made for 5 posts. In respect of these 5 posts, one candidate belonging to general merit and two candidates each belonging to backward caste and backward community have been selected. If the reservation was effected subject-wise and the Government. Order regarding the roster required to be followed in relation to direct recruitment was observed, as no candidate belonging to backward special group was available for selection against the 5th vacancy earmarked in the roster for back ward special group, the petitioner was entitled to be selected against the said vacancy in view of paragraph 6 of the Government Order dated 4th March 1977 which regulates the reservation of posts.

6. To the Petition, the petitioner has impleaded the five candidates selected for appointment as Lecturers in Physics as respondents 3 to 7. But if the contention of the petitioner that the reservation was required to be effected on subject wise basis were to be accepted, the entire selection would have to be redone by the Commission. In the circumstances, when the matter came up for preliminary hearing on 20thJuly 1983, the Learned Counsel for the petitioner sought permission to prosecute the Writ Petition in a representative capacity and accordingly made an application under Order 1, Rule 8 of the Code of Civil Procedure.

7. As the question raised in the Petition is one of general importance and affects large number of persons seeking selection for appointment before the Commission wherever reservations are made on the basis of the total number of posts even though the eligibility of candidates is distinct and separate, the application was allowed on 20th July 1983 and the petitioner was permitted to prosecute the Petition in a representative capacity. The petitioner was also directed to take a notice by publication in Deccan Herald English daily, calling upon persons interested either in supporting or opposing the Petition to apply to this Court to be made a party on or before 1st September 1983. In terms of the said order, a public notice has been issued. However, no one has applied for being impleaded as a party.

8. On facts, there is no dispute in this case. If the reservation provided for by the Commission on the basis of total number of posts of Lecturers in respect of which selection is made, is not discriminatory the procedure followed by the Commission as laid down in the Government Order dated 6th October 1981 issued pursuant to theJudgment of this Court in Annegowda - v. - Karnataka Public Service Commission, 1982 (2) KLJ 216, would be in accordance with law. If, on the other hand, the Commission was bound to follow the roster, prescribed for regulating reservation of posts while making direct recruitments, the petitioner was entitled to be selected against one of the five posts of Lecturers in respect of which the selection has been made by the Commission. It is in view of this position, the question of law set out first arises for consideration.

9. The recruitment to the posts of Lecturers in the Department of Collegiate Education is regulated by the Rules called The Karnataka Education Department Services (Collegiate Education Department) Cadre and Recruitment Rules, 1964. The relevant portions of the Rules concerning the posts of Lecturers reads as follows:

'SCHEDULE

Category of Posts

Method of Recruitment

Minimum qualifications andperiod of probations.

1

2

3

XXX

XXX XXX

XXX

9. Lecturers

50%by direct recruitment.

ForDirect Recruitment :

50%by promotion of Demonstrators and Tutors subject to their possessing a 11Class Masters's degree in respective subjects.

Ior II Class Master's degree. Age : Relaxable upto 33 years in case ofpersons with teaching experience. No age limit in case of Government Servants in service.

Probation: One year.

There is no dispute that though the entry relating to posts of Lecturers is one entry in the Recruitment Rules, the posts of Lecturers exist in different subjects according to thesubject wise requirement of the Colleges as assessed and determined by the Head of the Department. Therefore, whenever requisition is sent by the Head of the Department to the Commission not only the total number of posts of Lecturers required has to be specified, but also the number of posts of Lecturers in each subject has got to be specified. There is also no dispute that a person possessingmaster's degree qualification in the concerned subject only, is eligibleconsequently the competition for purposes of selection would naturally be among the aspirants for the posts of Lecturers in the concerned subject.

10. Now coming to the provision of the Government Order providing for reservation of posts under Clause (4) of Article 16 of the Constitution, the procedure required to be followed in making selection adhering to reservation of posts have been laid down in the Government Order dated 4th March, 1977. The relevant portion of the Government Order reads :

'GOVERNMENT OF KARNATAKA

Sub : Classification of backward classes for purposes of reservation of appointments and posts under Article 16(4) of the Constitution.

READ :

(1) Government Order No. GAD 17 SRR 74, dated 29th July 1974

(2) Government Order No. GAD 6 SBC 75, dated 3rd May 1975.

(3) Official Memorandum No, GAD 6 SBC 75, dated 31st October 1975.

(4) Government Order No. GAD 2 SBC 75, Dated 9th July 1975.

(5) Government Order No. SWL 12 TBS 77 dated 22nd February 1977.


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