T R RANGAHANUMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE three writ appeals arise out of an order dated 28-5-1999 passed by the learned single judge of this Court in Writ Petition No. 39909/1993. The petitioner one by name M. P. Jayashankar working as a Deputy Development Officer in Karnataka Industrial Area development Board (hereinafter referred to as the 'board')had preferred the writ petition being aggrieved by the action of the employer-Board in notifying the post of Development officer-a promotional post to persons working in the cadre of Deputy Development Officers as a post to be filled up by promotion from among the eligible candidates belonging to Scheduled caste and Scheduled Tribe community as the post was being notified as a backlog vacancy and had eliminated opportunity to persons like the petitioner.

(2.) THE respondent No. 4 to the writ petition one T. R. Rangahanumaiah also working as a Deputy Development Officer in the organisation is a candidate belonging to scheduled Caste community and it was the apprehension of the petitioner that as the post of Development Officer had been notified as a backlog vacancy post, the respondent No. 4 though was much junior to the writ petitioner in the seniority list and according to the petitioner though was ineligible was likely, to be promoted to the post of Development Officer at the cost of the petitioner and persons like him who belong to the general category and though they were much higher in the seniority list of Deputy Development Officers in the organisation.

(3.) WRIT petitioner had contended that notifying the post of Development Officer as a post to be filled up against backlog vacancy exclusively reserved for Scheduled Castes and scheduled Tribes candidates was not in order and was in contravention of the recruitment rules and, therefore, it could not have been notified as a post to be filled up against a backlog vacancy.