STATE OF KARNATAKA Vs. AKKAMAHADEVAMMA

JUDGEMENT

(1.) The State has preferred these petitions challenging the order passed by the Karnataka Administrative Tribunal, Bangalore (for short 'the Tribunal') which has held that exclusion of daughters-in-law, grand children, nephews and niece in the explanation to the 'member of the family' of Project Displaced Person under Rule (9)(2) of the Karnataka Civil Services (General Recruitment) (57th Amendment) Rules, 2000 (for short '57th Amendment Rules, 2000) is arbitrary, irrational and unreasonable and that the said rule requires amendment.

(2.) The daughter-in-law of Sri Doddegowda, grand son of Sri Rangegowda, daughter-in-law of Rangegowda applied for the post of primary teacher under 'YN' category pursuant to the notification issued by the fourth Respondent-DDPI. Their applications were rejected on the ground that they are not the members of the family of the Project Displaced Person. Aggrieved by the same, they preferred applications before the Tribunal challenging the validity of Rule 9(2) of 57th Amendment Rule, 2000 contending that it is arbitrary and violative of Article 14 of the Constitution of India. The Tribunal has upheld their contention. Aggrieved by the same, State is before this Court.

(3.) Annexure-A1 is the notification dated 23-11-2000 in respect of the Karnataka Civil Services (General Recruitment) (57th Amendment) Rules, 2000. Explanation 2 of Rule 9 Rules reads as under: