D N SUBBA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The above petitions are disposed of by this common order as in all of them the validity of the instructions issued by the respondent-State of Karnataka to all the Deputy Commissioners in the State by two letters dated 24th July, 1978 and 13th August, 1979 is questioned.

(2.) The instructions contained therein are to the effect that the prescription of the time within which the tests prescribed under the Karnataka Civil Services (Service and Kannada Language Examination) Rules, 1974 should be reckoned in the case of Village Accountants from 20-1-1978 and not with effect from 22-7-1976. The true copies of the two circular letters are annexed as Exhibits A and B in writ petition 18809 of 1979.

(3.) In the letter of 24th July 1978 the State Government has reasoned that the Karnataka General Services (Revenue Subordinate Branch) Village Accountants (Recruitment) Rules 1970 being the Rules made pursuant to the power conferred on the State by Ss. 16 and 197 of the Karnataka Land Revenue Act, 1964, being superior to the Karnataka Civil Services (Service and Kannada Language)Examination Rules, 1974, made under the proviso to Art. 309 of the Constitution and having regard to the fact that the Village Accountants were included in the latter Rules by an amendment on 22-7-1976, the period of three years for passing the test under the latter Rules, prescribed for the post, should be reckoned from the date on which Rule-6 of the Karnataka General Services (Revenue Subordinate Branch) Village Accountants (Recruitment) Rules, 1970 came to be deleted i. e., on 20th January 1978.