JAYASHREE RAJAPPA TERDAL Vs. REGISTRAR KARNATAK UNIVERSITY DHARWAR

JUDGEMENT

(1.) THE two unsuccessful candidates who have not been selected for the post of peon/watchman under the Karnataka University which is arrayed as party respondent 1 being represented by the Registrar, are before this Court challenging the select list. They have sought for a declaration that the action of respondent 1-University in calling for a written test and for an interview while making appointment to the post of peon/watchman and in selecting respondents 3 to 21 as arbitrary, illegal and violative of Article 14 of the Constitution of India and for a further declaration that the said action is contrary to the Karnataka state Civil Services (Unfilled Vacancies Reserved for the Persons belonging to Scheduled Castes and Scheduled Tribes) (Special recruitment) Rules, 2001.

(2.) THE facts that are relevant for the purpose of examining the grievances of the petitioners can be set out. The 1st respondentuniversity issued a notification on 5-10-2002 calling for applications to fill up the backlog vacancies existing in the University. Annexure-A is the said notification issued on 5-10-2002. The filling up of the backlog vacancy was undertaken in accordance with the Government notification dated 21-11-2001 which has been published notifying the rules known as the Karnataka State Civil Services (Unfilled Vacancies reserved for the Persons belonging to the Scheduled Castes and scheduled Tribes) (Special Recruitment) Rules, 2001. These Rules have been framed in exercise of the powers conferred by sub-section (1) of section 3 read with Section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) by the Government of Karnataka. The provisions which are relevant for the purpose of this case are contained in Rules 3, 5 and 6. They are usefully extracted hereunder:

(3.) IN this case we are concerned with the mode of recruitment which is required to be adopted for the purpose of filling up the backlog vacancy in terms of the Rules framed as per the Special Recruitment rules, 2001, referred to supra. As can be seen from the opening expression used in Rule 3 it starts with a non obstante clause stating that notwithstanding anything to the contrary contained in the Rules of recruitment for the purpose of filling up the unfilled vacancies existing, the provisions of these Rules shall apply. Again a perusal of Rule 5 makes it clear that the mode of recruitment to be adopted is the one that is stipulated in these rules notwithstanding anything to the contrary contained in the Karnataka Civil Services (General Recruitment) Rules, 1977 or the Rules of Recruitment specially made. Rule 6 of the Special recruitment Rules deals with the preparation of the list of selected candidates. A perusal of the same would show that the applicants who have applied pursuant to the publication inviting applications and who have attained the age of 29 years but not attained the age of 40 years shall be entitled for being considered in each category of posts in the order of merit on the basis of percentage of total marks secured in the qualifying examinations. If sufficient number of candidates who have attained the age of 29 years but not attained the age of 40 years were not available, the rules permitted consideration of the application of those who have attained the age of 18 years but not attained the age of 29 years. There is no provision made under the Special Recruitment rules for conducting any interview. The marks obtained in the qualifying examinations was determinative for selecting them subject to the condition that they satisfied the age recruitments and other requirements pertaining to the reservation in different categories like women, physically handicapped etc.