T V SATHYAPRAKASH Vs. KARNATAKA PUBLIC SERVICE COMMN

JUDGEMENT

(1.) This petition under Art.226, is concerned with the scope of Rule 5 of the Karnataka State Civil Services (Direct Recruitment by Selection) Rules, 1973 (hereinafter called 'the Rules'). The petitioner, Satyaprakash, has obtained a rule from this Court calling upon the State Public Service Commission (called shortly as 'the Commission') to show cause why a writ under Art,226 should not be granted commanding the Commission to interview the petitioner for the post of Lecturers in Economics.

(2.) The Commission published a notification dt. 17th May, 1973 inviting applications from qualified candidates for the posts of Lecturers in the Dopt of Collegiate Education. The qualification prescribed therein was one must be holder of a degree not lower than a second class masters degree of a Universiy established by law. The petitioner was one of the applicants to the post of a Lecturer in Economics. He has passed M.A. degree examination. But he was barred at the threshold as he was not called for interview. It is said tha,t he could not find a place in the eligibility list by the Commission under Rule, 5 of the Rules.

(3.) It is averred in the statement of objections filed on behalf of the Commission that the eligibility list was prepared on the basis of the percentage of total marks obtained in the final M.A. degree examination and not on the basis of the percentage of aggregate marks obtained in the M.A. degree course as a whole. The list was said to have been prepare as per the resolution d/.21st Jan, 1974, passed by the Commission. The resolution reads ;