STATE OF KARNATAKA Vs. KUMARI GOWRI NARAYANA AMBIGA

JUDGEMENT

(1.) These appeals are directed against the judgment of the Division Bench of the Karnataka High Court declaring the Karnataka State Civil Services (Direct Recruitment of Scheduled Castes, Scheduled Tribes and Backward Tribes to Class III Posts) (Special) Rules, 1977 (the Special Rules) as violative of Article 16(1) read with Article 335 of the Constitution of India. This Court while granting special leave on March 9, 1979 stayed the operation of the impugned Judgment of the High Court.

(2.) We may briefly state the necessary facts. The Karnataka Civil Services Rules define 'local candidate' to mean 'a temporary Government servant not appointed regularly as per Rules of Recruitment to that service'. The local candidates appointed from time to time, subject to their possessing the prescribed qualifications were regularised by the State Government either by way of executive orders, or by framing Rules under Article 309 of the Constitution of India. By the Office Memorandum dated May 23, 1973 the State Government ordered that no further appointments of local candidates be made. Later on by Office Memorandum dated June 13, 1974 the embargo was relaxed in respect of the Scheduled Castes and the Scheduled Tribes for appointments to Class III posts. The Office Memorandum dated December 19, 1975 further provided that 3% of the vacancies be filled up by appointing local candidates belonging to Backward Tribes. Following these orders, a large number of local candidates belonging to Scheduled Castes, Scheduled Tribes and Backward Tribes were appointed. It is not disputed that despite prohibition, candidates from other categories were also appointed as local candidates. The local candidates were given opportunity to apply to the Public Service Commission/Departmental Recruitment Committees for recruitment to Class III cadres in the State services. Those rejected by the Commission/ Committees and those who did not apply were liable to be terminated from the posts held by them as local candidates. On February 1, 1977, the Government, however, directed the continuance of such local candidates belonging to Scheduled Castes, Scheduled Tribes and Backward Tribes in service, till further orders.

(3.) On February 25, 1977 the Special Rules were framed under Article 309 of the Constitution of India. Rule 2(b) of the Special Rules which defines 'local candidate' is as under: