KARNATAKA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY AND OTHERS ETC. ETC. Vs. K. SHARADA D/O. TUKARAM RAIKAR AND OTHERS ETC. ETC.

JUDGEMENT

(1.) IN all these writ petitions, the order dated 19.12.2008 passed by the Karnataka Administrative Tribunal is challenged. Therefore, all these petitions are taken up for consideration together and disposed of by this common order. W.P. Nos. 6500 to 6508/2009:

(2.) THE Karnataka Public Service Commission (for short hereinafter referred to as the 'Commission'), issued a notification dated 17 -4 -07 inviting applications for recruitment to the posts of Assistant Executive Engineers in the Public Works Department. The number of posts notified was 52 in the said notification, which comprised 42 from amongst open competition candidates and 10 from in -service candidates. The last date for receipt of applications was 26.05.2007. Subsequently, the Commission issued another notification dated 08 -08 -2007, by which the number of posts was enhanced. The number of posts notified in total was 104, out of which, 84 posts were earmarked for open competition candidates and 20 for in -service candidates.

(3.) THE Karnataka Reservation of Appointments of Posts (in the Civil Services of the State) for Rural Candidates Act, 2000, for short the Act', was brought into force on 16th February, 2001. Section 3 of the said Act provided that 25% of the vacancies ear marked for direct recruitment in each of the categories of general merit. Schedule Castes and Scheduled Tribes and each of the categories of other Backward Classes shall be reserved for rural candidates. The term 'rural candidate' had been defined in the said Act. Proviso to Section 3 of the said Act provided that the concept of creamy layer made applicable as per the order of the Government with regard to reservation issued under Clause 4 of Article 16 of the Constitution shall apply mutatis mutandis to the case of a rural candidate belonging to General Merit or other Backward Classes, except category I. Exercising power under Section 5 of the said Act, the State Government has issued a Government Order dated 13.02.01 which clarifies certain aspects with regard to reservation of rural candidates. The said Government Order also provides for the authorities who are competent to issue certificates for the said purpose and prescribes forms thereto. Clause I of the said Government Order provides that the concept of creamy layer shall apply to candidates belonging to general category and categories II -A, II -B, III -A and III -B of Backward Classes.