ARUNA KUMARI N.N. Vs. COMMISSIONER AND OTHERS

JUDGEMENT

(1.) THE petitioner is before this Court seeking for the following reliefs: a. Call for records pertaining to the impugned Order No. Him Va Ka Ni/Maa Sha/CR -11/2,012 -13 dated 28.12.2012 of the First Respondent (Annexure -AC) and proceedings of the Second Respondent Committee dated 31.07.2012 (Vide Annexure -M) and the impugned Order No. Him VaE/B -4/CR 13/2012 -13, dated: 31.07.2012 (vide Annexure -L) passed by the second Respondent and set aside the aforesaid order of the First Respondent and proceedings and the order of the second Respondent; and b. Direct the first and second Respondents to consider the claim of the petitioner under Category 3B by taking into consideration of the aforesaid provisions relating to reservation and to issue the validity Certificate under Category 3B for the aforesaid post on that basis. The case in brief is that the petitioner was appointed as Assistant Teacher in Department of Public Instructions, Government of Karnataka, vide office order dated 23.04.2007. While the petitioner was in service, the fourth respondent had invited applications for the Gazetted Probationers' Group -A and B Officers for the year 2010, vide notification dated 27.01.2010. The petitioner had applied in response to the same. In that regard, the petitioner had also claimed benefit of reservation under Category -3B and had obtained caste and income certificates: from the Thasildar, Chickmagalore, on 18.02.2010. '/The petitioner had thereafter succeeded in securing the job as Assistant Controller in the State Accounts Department. It is at this juncture the verification of the said document was required to be made by the Authorities concerned. In that regard, the question that arises for consideration is as to whether the pay that is received by the petitioner as Assistant Teacher Grade -II should also be included to consider the income limit of Rs. 2 lakhs provided for issue of such Category -3B certificate while taking into consideration the income of the family. The circular dated 14.2.2000 (Annexure -N) is relied on by the petitioner to contend that the salary derived from her employment as Assistant Mistress is to be excluded from the income to be taken into consideration for the purpose of issue of certificate. In the instant case, it is not in dispute that the salary if excluded, the income would be within the limit of Rs. 2 lakhs as provided for issue of certificate.

(2.) THE respondents, however, contend that the circular dated 14.2.2000 would not apply to the case of the petitioner inasmuch as the application made by the petitioner to the fourth respondent is in respect of open selection and not as an in -service candidate in the same department. It is therefore contended that the said circular would be applicable only to persons who are 'in -service' and would apply for selection to a higher posts in the same Department and not otherwise. The said consideration in fact has been made by the Original Authority as well as the Appellate Authority. It is in that circumstance, the petitioner being aggrieved by the same is before this Court.

(3.) HAVING noticed the rival contentions, in fact all other aspects appears to be the admitted case except the position as to whether the circular dated 14.2.2000 would be applicable to the case of the petitioner or not. It is not in dispute that if the salary earned by the petitioner as a teacher is excluded, the income of the petitioner's family would be within the limit of Rs. 2 lakhs that is provided for issue of a certificate to be classified as Category - 3(B) and entitle her for reservation. Hence, all that is required to be noticed by this Court is the purport and scope of the circular dated 14.2.2000 and thereafter arrive at a conclusion as to whether the Original Authority and the Appellate Authority have construed the same in an appropriate manner to arrive at their conclusion.