KARNATAKA PUBLIC SERVICE COMMISSION Vs. STATE COMMISSIONER

JUDGEMENT

(1.) The Karnataka Public Service Commission filed this writ petition for quashing the direction dated 3.5.2011 in Suo-Motto Case No.PDA/Sec 62/04/11- 12/87 passed by the 1st respondent at Annexure-A. Whereby, the Commissioner appointed under Section 60 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,1955 passed the following order:

(2.) Aggrieved by the aforesaid order passed by the said Commissioner, the Karnataka Public Service Commission contend that the 1st respondent has no power under any of the provisions of the Act to pass such impugned order or direction. The 1st respondent Commissioner itself filed a public interest litigation before this Court in W.P.NO.13442/2011 (GM-RES) seeking for a direction to the Government and the Commissioner in respect of reservation of vacancies in the appropriate manner in the physically handicapped category which goes to show that the 1st respondent has no power to pass an impugned order.

(3.) Learned counsel for the petitioner submit that in pursuance the requisition received from the Government of Karnataka, the petitioner-Karnataka Public Service Commission initiated recruitment process for the purpose of recruiting suitable candidates to 418 posts of Horticulture Assistants in the Department of Horticulture, Government of Karnataka, by issuing a Notification dated 6.9.2010 by following the reservation policy. In the meanwhile, on 3.5.2011, the 1st respondent-Commissioner passed the impugned order in Suo-Motu case directing the Commission to withhold the recruitment process in respect of the said 418 posts of Horticulture Assistants.