RAMA DIXIT Vs. STATE OF MYSORE

JUDGEMENT

(1.) These three petitions relate to the selection made in the year 1971 of persons for appointment as Village Accountants in Shimoga District, in accordance with the Mysore General Services (Revenue Subordinate Branch) Village Accountants (Recruitment) Rules of 1970, as amended upto May 1971, The Petitioners were applicants for selection, but only the, following petitioners are qualified for recruimtent because they possessed the necessary minimum educational qualification and also otherwise satis fied the conditions prescribed for recruitment as Village Accountants: N. V. Nadig, Petitioner in WP.2203/71, S. N. Krishna Murthy, Petitioner in WP.2314/71, S. Anantha Jois, M. Ramamurthy Rao and H. S. Gopalakrishna Rao, Petitioners Nos.2, 11 and 14 in WP.2234/71.

(2.) The challenge they make to the validity of the selection is that there has been reservation for scheduled castes in excess of what should have been legitimately reserved for them.

(3.) Total number of vacancies in respect of which recruitment was made was 187; adding a 10 per cent for reserve, the total number of persons actually selected was 206. In respect of these 206 vacancies there could have been reserved for scheduled castes only 30 posts. Actually 60 persons belonging to Scheduled Caste were selected, applying what is known as cycle theory under which posts reserved for scheduled castes at any recruitment could in effect be carried over to the extent of the deficiency. This is however opposel to the principle enunciated in the ruling of the Supreme Court in Devadasan v. Union of India, AIR. 1964 SC. 179.The result of the application of the said principle is that the selection of the candidates belonging to the scheduled caste in excess of 30 is opposed to law.