(1.) THESE appeals and petitions are disposed of by a common judgment having due regard to the circumstance that the issues raised and the points for consideration are identical.
(2.) THE facts leading up to these appeals are that the High Court of Karnataka (Conditions of Service and Recruitment) Rules, 1973 (hereinafter referred to as 'the 1973 Rules' for brevity) having been amended by the High Court of Karnataka Service (Conditions of Service & Recruitment) (I Amendment) Rules, 2009 (vide notification dated 24.02.2009); the High Court of Karnataka Service (Conditions of Service & Recruitment) (II Amendment) Rules, 2009 (vide Notification dated 28.5.2009); the High Court of Karnataka Service (Conditions of Service & Recruitment) (III Amendment) Rules, 2009 (vide notification dated 28.5.2009); the High Court of Karnataka Service (Conditions of Service & Recruitment) (IV Amendment) Rules, 2009 (vide notification dated 28.5.2009) and the High Court of Karnataka Service (Conditions of Service & Recruitment) (V Amendment) Rules, 2009 (vide Notification dated 29.7.2009) (Hereinafter commonly referred to as "the 2009 Rules", for brevity) - to substitute the Rules prescribing qualifications in respect of certain categories of posts, and aggrieved by the same, more particularly, by the provisos and the explanations to the amended Rules, which are extracted hereinafter, a large number of petitions were filed by Group-D employees, Typists, Second Division Assistants, First Division Assistants, Stenographers, Judgment Writers and Senior Judgment Writers, since the amended Rules required that they possess a higher educational qualification, to be considered, for promotion to the next higher post in each of their cases. Incidentally, they were also aggrieved by promotions being conferred on other employees, who apparently met the requisite qualification and were granted promotion. Some of the petitioners also sought for a declaration that the stipulation of a competitive test to be appointed to the post of Judgment Writers and Senior Judgment Writers and the quota reserved in respect of Senior Judgement Writers for promotion to the post of Assistant Registrars being restricted to six posts, as being arbitrary and unconstitutional.
(3.) IN W.P.No.10131/2010, the petitioner is aggrieved by the fact that his candidature has been overlooked in making the selection and appointment of respondents 3 to 15, in the said petition. The petitioner's primary grievance is that the 2009 Rules have not been followed in granting promotion to the private respondents in the petition and in by-passing the petitioner.
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