SREERAMPPA Vs. KARNATAKA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner had produced his marks sheet at the time of the interview. That he had not produced it earlier, when he ought to have done, is a fact. If the case of the petitioner is reconsidered on the basis of his total marks, including the marks which he obtained for his additional qualification, his counsel submits that the petitioner can be easily appointed in one of the existing vacancies.

(2.) It is not disputed that the petitioner is fully qualified for selection on the basis of his total marks. Counsel for the respondents- karnataka public service commission is not in a position to submit at this stage whether there is any existing vacancy in which the petitioner can be appointed.

(3.) The petitioner, in our view, must be accommodated in an existing vacancy, or, if there is no existing vacancy, then in a future vacancy. We assume, in the absence of any contrary assertion, that his total marks are sufficient to-qualify him for appointment. We make it clear that the appointment of the petitioner shall not affect any appointment already made, or affect the seniority of any person already appointed.