MOHAMOOD KHAN Vs. KARNATAKA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) In this Petition under Article 226 of the Constitution, originally the petitioner has sought for the following reliefs:

(2.) The case of the petitioner is that the first respondent invited applications under the Notification bearing No. E(1)2202/82-83/PSC dated 20th September, 1982 for filling up of available vacancies in Category-I and II of Posts in the State Civil Services by direct recruitment, after holding a competitive examination in accordance with the provisions of the Rules. The petitioner and the 2nd Respondent and several others submitted their applications. There was a written examination and viva-voce conducted by the first respondent in accordance with the Rules. In that, the petitioner secured 633 marks in total and the 2nd respondent secured 628 marks. The petitioner and the 2nd respondent both claimed as belonging to backward community.

(3.) The first respondent has selected the 2nd respondent far the past of Assistant Superintendent of Land Records, even though he has secured lesser marks than that of the petitioner. The petitioner made a representation before the first respondent as to why the 2nd respondent was selected ignoring the superior claim of the petitioner. The first respondent by the impugned endorsement dated 16-5-1985, bearing No. E(1)105/85-86/PSC (Annexure-B) has intimated the petitioner that as he had not indicated the preference for the post of Assistant Superintendent of Land Records, he was not selected.