VISHAL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners who have been denied their claim for reliefs they were entitled to on the basis of a decision of this Court in the matter Sreedhara S. v. State of Karnataka. The decision of this Court, so relied upon by the writ petitioners, was in respect of an order passed by the High Court of Karnataka setting at naught an interim order which had been passed by the High Court during the pendency of the appeals before it.

(2.) The decision of the Karnataka High Court arose out of the writ petitions which had been filed challenging Rule 3 (B) of the Karnataka Civil services (General Recruitment) Rules, 1976 by which weightage was granted in favour of a rural candidate. The writ petitions were allowed and the rule was struck down as being unconstitutional by the learned Single Judge. The judgment of the learned Single Judge was delivered on 11/11/1998. While allowing the writ petitions the Single Judge directed that those appointments which had already been made in accordance with the impugned rule would not be disturbed.

(3.) The State Government appealed from the decision of the learned single Judge. During the pendency of the appeal, the Division Bench passed an interim order dated 4/12/1998 staying the operation of the order of the learned Single Judge subject to the following: (7) selections/appointments made thereafter would be subject to the decision in the appeal, (2) the appointing authority before giving the order of appointment to a candidate having rural weightage was required to obtain an undertaking from the candidate that the appointment given would be subject to the decision in these proceedings pending before the High Court, and (3) that the candidate would have no right to the post in the event. the order of the learned Single judge was upheld.