KARNATAKA PUBLIC SERVICE COMMISSION Vs. K MARISWAMY

JUDGEMENT

(1.) THIS writ petition is filed against the order dated 10. 04. 2006 passed by Karnataka Administrative Tribunal in Application No. 1040 of 2003 which was filed by the respondent in this writ petition. The respondent filed the application praying to quash Annexure-A1 notification issued by the Karnataka Public Service Commission (respondent No. 1 in the application and petitioner in this writ petition)in so far as it prescribed a first class bachelor degree in Ceramics as minimum qualification for the post of Lecturer in Ceramics. There was also a prayer for a direction to the Karnataka Public Service commission to consider the application of the applicant without insisting on the qualification of first class bachelor's degree in Ceramics. The challenge against Annexure-A1 notification was on the basis that the recruitment to the post of Lecturers in Government Polytechnics in the Department of Technical Education is governed by the Karnataka education Department Service (Technical Education Department)Recruitment Rules, 1987 and that according to the said Rules the minimum qualification for direct recruitment to the post of Lecturer in ceramics is bachelor's degree in Ceramics with second class or equivalent qualification as approved by the Government of Karnataka. It was contended that the Karnataka Public Service Commission issued the impugned notification prescribing first class decree in Ceramics as minimum qualification contrary to the requirements under the recruitment Rules. According to the applicant, neither the Government nor the Public Service Commission was competent to insist on a qualification which was not prescribed under the Recruitment Rules.

(2.) THE Karnataka Public Service Commission justified annexure-A1 notification, relying an the provisions contained in Rule 2 of the Recruitment Rules, 1987 which reads as under:

(3.) HOWEVER, the Tribunal held that Annexure-A1 notification was liable to be quashed as it was contrary to the Recruitment Rules, 1987. The Tribunal noted that as per the Schedule to the Recruitment rules, the qualification for direct recruitment to the post of Lecturer in ceramics is only a second class bachelor's degree in Ceramics or equivalent qualification as approved by the Government of Karnataka. According to the Tribunal, unless and until the Recruitment Rules are amended prescribing first class bachelor's degree as the minimum qualification for direct recruitment, the Public Service Commission cannot insist on the minimum qualification of first class bachelor's degree prescribed by the AICTE. According to the Tribunal the recruitment has to be made on the basis of the provisions contained in the recruitment Rules and not on the basis of the qualifications prescribed by the AICTE. Accordingly, the Tribunal quashed the impugned notification as far as the applicant was concerned and directed the respondents to consider the selection and appointment of the applicant as Lecturer in Ceramics if he was otherwise not found ineligible. Aggrieved by the order of the Tribunal, the Public Service Commission has filed this writ petition.