B P MAHESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE Karnataka public service commission (hereinafter referred to as 'kpsc' for short) published a notification dated 30-4-1999 calling for applications for the purpose of selection to the post of insurance medical officers in the department of employees state insurance. Pursuant to the said notification the petitioners and others made applications for selection. The kpsc after scrutinising all the applications with reference to the rules relating to reservation of certain number of posts, issued notice to the eligible candidates to appear before it for selection. Accordingly, the petitioner and others appeared before the kpsc. The kpsc taking into consideration the marks secured in the interview and in the degree examination with rural weightage if any, selected and published the list of candidates on 1-10-1999 as required under the rules. Thereafter, kpsc issued a press note which reads as follows:

(2.) THE learned counsel for the petitioners submits that the petitioners were selected to the post of insurance medical officers in the directorate of employees state insurance (medical service) as per the list published on 1-10-1999 and therefore, there is no need for the kpsc to again call for interview for selection to the posts in respect of which the petitioners and others have already been selected and further submits that since the select list has already been published on 1-10-1999, the kpsc, is bound to forward the said list to the state government to issue orders of appointment to the selected candidates.

(3.) SRI Narayanaswamy, learned counsel for respondent 4-kpsc submits that the petitioners were selected on the basis of the rural weighs tage added to their marks obtained in the qualifying examination as pecthe list dated 1-10-1999 and the said list is only provisional and therefore in view of the decision of the division bench of this court in State of Karnataka and others v Basavaraj Nagoor and others, direction to the kpsc to forward the list to the state government for the purpose of taking further steps on the select list published by the kpsc. It is nextly contended by Sri Narayanaswamy, learned counsel for the kpsc that the direction issued in the circulars dated 22-12-1999 and 10-2-2000 (Annexures-f and g) is only to the appointing authority and therefore the said direction is not applicable to the kpsc since the kpsc is not the appointing authority.