VIDYA K. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Leave Granted.

(2.) The short question arising for our consideration is whether a notification for filling up 18 posts of lecturers of Home Science in First Grade College run by State of Karnataka is liable to be quashed for not providing the breakup of the 'subjects' within Home Science. The Karnataka Administrative Tribunal quashed the notification on the ground that specifying the subject categories is necessary for advertising the vacant posts (Order dtd. 12/6/2009 passed in Application No. 1002/2008 and Application No. 2794/2008 by the Karnataka Administrative Tribunal, Bangalore). Writ Petitions [Judgment dtd. 28/3/2013 passed in W.P. Nos. 19495-503/2009 and W.P. Nos. 20289-20297/2009 connected with W.P. No. 21474/2009 (S-KAT)] filed by the Karnataka Public Service Commission as well as the successful candidates were dismissed by the High Court confirming the order of the Tribunal. Thus, the present appeal.

(3.) Having examined the rules and regulations which govern the process of recruitment, we found no difficulty in arriving at the conclusion that the requirement, as assumed by the Tribunal and the High Court, is not a mandate of the recruitment Rules. Even otherwise, the Tribunal and the High Court have erroneously based their conclusions on policy considerations relating to how such a breakup would be beneficial to the candidates. For the reasons to follow, we have allowed the appeals, set-aside the judgments and upheld the recruitment process. Consequently, appointments made on the basis of the advertisement are affirmed.