LAWS(KAR)-2007-8-63

FAKIRAPPA Vs. BHARAT SANCHAR NIGAM LTD

Decided On August 23, 2007
FAKIRAPPA Appellant
V/S
BHARAT SANCHAR NIGAM LTD. Respondents

JUDGEMENT

(1.) THIS in tra Court appeal under S. 4 of the Karnataka high Court Act, 1961 is filed by the writ petitioners assailing the order dated 6-7-2006 of the learned single Judge in W. P. No. 21410/2005.

(2.) THE petitioners working as Telephone mechanics under the respondents, claiming to belong to Scheduled Tribe category submitted applications for filling up of the Departmental quota of 40% of vacancies to the post of Telecom Technical Assistants (for short TTAs') under the notification dated 24-6-2004 issued by the 1st respondent pursuant to the notification dated 18-11-2003 of the bsnl Corporate Office, with instructions to conduct Pre-Qualification Entry Level Test and the Limited Departmental Competitive examination to the cadre of TTAs, in terms of the TTA Recruitment Rules. 2001. The petitioners found eligible and qualified for filling up of the vacancies set apart for Scheduled Tribes category, were permitted to appear for the Pre-Qualification Entry Level Test held on 14-9-2004. The petitioners having faired well, found their names at S1. Nos. 7 and 8 of the select panel in the notification dated 2-12-2004 Annexure "c," as against six vacancies reserved for Scheduled Tribes. The 2nd respondent, by notification dated 16-5-2005 annexure "e," fixed 18-6-2005 as the last date for receiving applications from the candidates whose names were borne on the select panel and scheduled the Limited Departmental competitive Examination to be held on 28-8-2005.

(3.) AT about the said time, a candidate belonging to the Scheduled Caste whose name was found in the select panel, filed w. P. No. 12011/2005 alleging non-allotment of a post for the Scheduled Caste category, which was disposed of by order dated 28-7-2005 annexure "f" recording the statement of the learned counsel for the respondent-authority that one vacancy of TTA, under the 40% departmental quota was reserved for Scheduled Castes.