A P VILAS Vs. KARNATAKA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) In this Writ Petition under Article 226 of the Constitution, the petitioner has questioned the legality and correctness of the selection and appointment made of respondents 2, 3 and 4 to the posts of Assistant Professors of Surgery in the Department of Karnataka Government Health and Family Welfare Services (Collegiate Branch).

(2.) The brief facts may be stated as averred in the petition and also in the statement of objections filed on behalf of respondents 1 and 5 as well as the statement of objections filed by respondent-4. Respondents 2 and 3 have remained exparte.

(3.) The first respondent Karnataka Public Service Commission published in the Gazette dated May 27, 1982 notification by which they invited applications for 46 posts of Assistant Professors in the Karnataka Government Health and Family Welfare Services (Collegiate Branch) (hereinafter referred to as the Department). The Notification carried with it a statement showing the particulars of posts for which applications were called for. Though 46 posts related to the various disciplines in the Department, we are concerned with posts meant for Surgery, In the statement in Col 2 the subjects are notified. In Col.3 scales of pay as revised are shown. In Col.4, the minimum qualifications prescribed for the posts are set out which are in accordance with the Department's Cadre and Recruitment Rules. In Col.5, the minimum and maximum age limit is prescribed both for candidates general and candidates belonging to Backward Communities, Backward Castes, Scheduled Castes, Scheduled Tribes and Backward Tribes. In Col. 6, vacancies have been classified indicating the reservation made in favour of Scheduled Castes, Scheduled Tribes, Backward Tribes, Backward Castes, Backward Communities, Backward Special Group and General Merit. In Col.7, it is indicated that the posts are permanent and pensionable and the period of probation is two years from the date of taking charge. In Col-8, nature of duties is specified.