GOWRAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) All these writ petitions are preferred challenging the order passed by the Karnataka Administrative Tribunal holding that substitution of the provision relating to the upper age limit under 2009 Rules is retrospective in operation and therefore, the applicant is entitled to the benefit of the prescription of upper age limit under 2009 Rules. For the purpose of convenience, the parties are referred to as they are referred to the in the applications before the Karnataka Administrative Tribunal.

(2.) Respondent Nos. 1 to 3 invited applications under the Karnataka State Police Service (including Ministerial Services) Recruitment Rules, 2004 (for short hereinafter referred to as '2004 Rules') from the qualified and eligible candidates for recruitment to the post of Sub-Inspector (Civil), Women Sub-Inspector/Reserve Sub-Inspector CAR/DAR and Special Reserve Sub-Inspector (KSRP) including the persons in service by issuing a notification dated 25.9.2006 under various categories as detailed in the said notification to fill up totally 368 posts.

(3.) The applicant is a holder of degree in B.Sc. He has also obtained B.Ed. decree with 79% marks. He applied to the post of Police Sub-Inspector (Civil) and submitted his application with necessary documents on 29.10.2006. His date of birth is 20.07.1980. As on the date of the notification, he was aged 26 years 2 months. As per 2004 Rules, the upper age limit for General Merit candidates was 24 years and in case of candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes, it was 26 years. The applicant belongs to category 2A. As he did not satisfy the qualification regarding age and as he was 26 years 2 months old on the day the last date for prescribing the application, he was not called for interview. Therefore, he preferred application No. 616/2007 before the Karnataka Administrative Tribunal challenging the prescription of the said age on the ground that Rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977, prescribes the upper age limit for recruitment to any posts at 33 years in case of candidates belonging to General Merit, 36 years in case of candidates belonging to Backward Classes and 38 years in case of candidates belonging to Scheduled Castes and Scheduled Tribes. Further, Rule 1(3) of the General Recruitment Rules states that General Recruitment Rules are applicable for recruitment to all State Civil Services and all posts in connection with the affairs of the State of Karnataka. Therefore, it was contended that the said Rule is liable to be quashed as it is adversely affects his interest.