(1.) THE Petitioner was appointed and working as Stenographer under the 2nd Respondent. The third Respondent issued public citation calling for applications for the post of stenographer. The petitioner applied to the post and was selected in the reserved quota carrying benefit of Rural weightage. The Supreme Court held that rural weightage benefit given under Rule 3 (b) of the karnataka Civil Services General Recruitment Rule 1977 is illegal and unconstitutional. Consequential the Petitioner stood discharged from the service by the order of the third respondent vide order at Annexure-M dated 12. 8. 2003.
(2.) THE Petitioner claims that by virtue of the provisions in Rule 5 of Karnataka Civil Service probation Rules, he should be reappointed by the second Respondent in the district judiciary of karnataka. The provisions of Rule 5 reads thus :
(3.) THE close reading of the provisions of Rule 5 discloses that a person appointed on a probation to a post in the Karnataka Civil Service Rules, if discharged is entitled to get back to the earlier post held by him. , in Karnataka State Civil Services. The note appended to Rule 5 makes the position clear that discharge in a case of probation appointed from one service or post means reversion of that service or post.