S S ANNEGOWDA Vs. K P S C

JUDGEMENT

(1.) In this writ petition the petitoner has prayed for quashing the list of selected candidates for the posts of lecturers in the Department of Collegiate Education prepared by the K.P.S.C.

(2.) The Karnataka Public Service Commission invited applications for 35 posts of lecturers in various subjects as per notification dated 28-4-1977 (Ex-A). The notification discloses that four posts of lecturers were reserved for persons belonging to Backward castes in terms of GO dated 4-3-1977 issued in exercise of its powers under Cl. (4) of Art. 16 of the Constitution. According to the said order 10% of the posts required to be filled up at any direct recruitment has to be reserved in favour of persons belonging to Backward Castes (B.Ct). The petitioner is holding a Master Degree in Economics. He submitted his application pursuant to the aforesaid notification. He belongs to Backward Caste. He produced the necessary certificate in support of the same along with the application. He was called for interview. List of selected candidates was published as per notification dated 30-11-78, 35 persons were selected for the posts of lecturers in various subjects and four persons were placed in the reserve list. Select list is produced as Ex-B. The grievance of the petitioner is that though four posts were required to be reserved in favour of Backward castes in terms of the GO dated 4-3-1977 and actually had been so reserved in the notification calling for applications, while making the selection the Public Service Commission contravened the reservation order, in that not a single person belonging to backward castes was selected for the post of lecturer as against the four posts reserved and only one person belonging to B.Ct. was elected on his own merit.

(3.) In the statement of objections filed by Commission the fact that no person belonging to B.Ct. has been selected as against the four posts reserved for the said category is not disputed. The only stand taken on behalf of the Commission is that as the petitioner had applied for being selected for the post of Lecturer in Economics he could not be included as one among seven persons who were selected for the posts of Lecturer in Economics as all of them have secured more marks than the petitioner. The stand taken on behalf of the Commission is clearly untenable for the following two reasons: (i) When the Government has reserved 10% of the posts in favour of the B.Ct. as per Go dated 4-3-1977 and Public Service Commission had no other alternative than to select four persons belonging to the said castes so long as such number of qualified persons were available. Therefore the petittioner could be denied selection only on the ground that four persons belonging to B.Ct. with better merit either in the subject of Economics or in any other subject had been selected- In the present case no one from B.Ct. has been selected. (ii) The reservation provided for is on the basis of total number of posts of Lecturers though they are in different subjects. In para-8 of the statement of objections the Commission has specifically stated as follows: