LAWS(KAR)-2020-9-44

MR. AMBARISH KUMAR S. Vs. STATE OF KARNATAKA

Decided On September 03, 2020
Mr. Ambarish Kumar S. Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The case of the petitioners is that respondent No.2 called for applications by suitable candidates to various posts and one such category of post is that of Assistant. The qualification prescribed for a person to apply for the post of Assistant is "should possess a Degree in Arts / Commerce / Science of a recognized University. One year duration Course in Computer basics".

(2.) The petitioners are Engineering graduates in various branches. They all applied for the post of Assistant contending that being engineering graduates they should also be treated as graduates in the subject of science. Respondent No.2 has not considered the case of the petitioners for the post of Assistant on the ground that they being engineering graduates are technically qualified and the qualification prescribed for the post of Assistant is that of a degree in Science i.e., B.Sc or equivalent degree and it should be of a non-technical in nature.

(3.) It is the contention of the petitioners that the qualification prescribed by respondent No.2 by its notification dated 24.08.2018 produced as Annexure - B to the writ petition does not distinguish between a degree in Science whether it is of technical or non-technical in nature. It merely states a degree in Science. Attention of the Court is drawn to the earlier notification of respondent No.2 dated 23.02.2015 where for the same post of Assistant qualification prescribed was "A pass in Bachelor Degree (Three years Non-Technical Course) from a recognized University. Computer knowledge is essential". As the present notification does not distinguish between technical and non-technical course, it is contended that what is intended in the present notification is a candidate with a science degree whether technical or non-technical is entitled to apply for the post of Assistant.