(1.) IN all these writ petitions, the petitioners have challenged the order passed by the Karnataka Administrative Tribunal dated 25.5.2009 striking down The Karnataka Civil Services (Absorption of persons appointed on contract basis against backlog vacancies in the category of Assistant Engineers and Junior Engineers) in the Departments of the Public Works Engineering, Water Resources and Rural Development and Panchayath Raj (Special Rules) 2005 as being contrary to the provisions of Articles 14 and 16 of the Constitution of India and several decisions of the Supreme Court and consequently declaring that all appointments under the said rules are illegal, null and void. The writ petitions are preferred both by the State as well as by the persons whose employment under the said Rules were struck down.
(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original applications.
(3.) IN the above background, the Government considered it necessary to have Special Rules framed for the purpose of complete implementation of the identified reserved vacancies earmarked for SC/STs. Accordingly, the Government framed The Karnataka Civil Services (unfilled vacancies reserved for the persons belonging to SC/STs) (Special Recruitment) Rules, 2001 (for short hereinafter referred to as "Backlog Rules"). In fact a draft of the aforesaid Rules was notified on 6.8.2001 calling for objections. After considering the objections, a final notification came to be issued on 21.11.2001. In pursuance of the aforesaid notification, KPSC issued notification dated 20.2.2002 and 19.3.2002 calling for applications to fill up 208 posts of Assistant Engineers from the members of SC/STs in PWD and Irrigation Department. Subsequently, the Chief Engineer issued the notification dated 31.1.2002 and 28.1.2002 calling for applications to fill up 166 posts of Junior Engineers in both PWD as well as Irrigation Department. In pursuance of the said notification, number of persons applied including some of the applicants before the Tribunal in these proceedings.