GAYATHRI Vs. KARNATAKA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) In this Writ Petition in which the petitioner has questioned the legality of the selection, made by the Karnataka Public Service Commission ('the Commission' for short), of persons for appointment as Lecturers in the department of Collegiate Education of the StateGovernment, the following question of law arises for consideration. 1. Whether in making selection for appointment to the cadre of Lecturers in the Collegiate Education Department of the StateGovernment the reservation of posts provided for by the State Government by an order made under clause (4) of Article 16 of the Constitution should be effectedsubject wise and whether if it is given on the basis of total number of posts in respect of which selection is made by the Commission, it would be violative of Article 16(1) of the Constitution?.

(2.) THE facts of the case, in brief, are as follows : The petitioner passed M.Sc, Degree in Physics of the Mysore University in I Class. The Commission, by its notification dated 20 -1 -82 invited applications for 59 (fifty nine) posts of Lecturers in the department of Collegiate Education in different subjects specified in the notification. The relevant portion of the notification reads : Statement showing the particulars of the posts for which applications are called for : 2. No. of Vacancy is advertised,designation of the vacancy/vacancies and department. - - - - 59posts of Lecturers in the Depart - of Collegiate Education in the following subjects : English : 07 Kannada : 06 Telugu : 01 Urdu : 01 History : 08 Economics : 07 PoliticalScience : 06 Sociology : 02 Geography : 01 Commerce : 09 Physics : 04 Chemistry : 02 Mathematics : 02 Botany : 02 Geology : 01

(3.) POSTS BSG 8 posts BCM 10 posts GM 20 posts 59 posts AmongEx -MPs SCs -2, STs -1, BCM -1,BCT -1 and BSG -1. As may be seen from the notification reservation in favour of backward classes in provided for on the basis of total number of posts. 2a. The petitioner being eligible to compete for selection for the post of Lecturer in Physics submitted her application to the Commission. She was called for interview by the Commission and was interviewed. Thereafter, the list of selected candidates was published as per the notification dated 18th June 1983, copy of which is produced as Annexure -C which has been produced along with memo dated 13 -1 -1984. The petitioner was not selected. Aggrieved by the said selection, the petitioner has presented this Petition. 3. The challenge to the legality of the selection made by the Commission is on the following basis : The posts of Lecturers in different subjects in the Collegiate Education Department carried an identical pay scale of Rs. 750 -50 -1000 -60 -1300 -75 -1525. A candidate for beingeligible for the post of Lecturer in a particular subject has to possess a Master's degree in the concerned subject not lower than second class of a University established by law. Though applications were invited for 59 posts of Lecturers in identicalpayscale in a common advertisement, still the eligibility of candidates is distinct and separate in respect of each of the subjects. In other words, a candidate possessing Master's degree like the petitioner could compete only for the posts of Lecturers in Physics as she is not eligible for selection for the posts of Lecturer in any other subject. That being the position, the reservation of posts in favour of persons belonging to S.C, S.T. and other backward classes, asprovided for by the State Government, should have been provided for subject wiseand the failure to do so has resulted in denial of equality of opportunity in matters relating to employment under the State guaranteed to the petitioner under Clause (1) of Article 16 of the Constitution. 4. In order to demonstrate as to how the petitioner has been adversely affected on account of the manner of reservation provided for, the petitioner has furnished a statement consisting of the following particulars. Subject No. of POSTSNo. of CANDIDATES SELECTEDIN EACH CATEGORY TOTAL GM BCT BT BCM BSG SC ST EX. MP I 2 3 4