KUM GOWRI NARAYAN AMBIGA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these petitions the validity of the Karnataka State Civil Services (Direct Recruitment of Scheduled Castes, Scheduled Tribes and Backward Tribes to Class III Posts) (Special) Rules, 1977 (called shortly as "the Special Rules") is called into question by the local candidates whose services have been ordered to be terminated on the sole ground that they do not belong to the Scheduled Castes, Scheduled Tribes or Backward Tribes. As the petitions involve certain questions which are by no means unimportant, the petitions stood referred to a Division Bench.

(2.) The antecedent facts leading up to the promulgation of the Special Rules may now be briefly stated : R. 8 (27-A) of the Karnataka Civil Services Rules defines "local candidate" to mean "a temporary Government servant not appointed regularly as per rules of recruitment to that service". It means that the appointment of a local candidate in Government service is in violation of the rules regulating the recruitment to that particular service. The State Government, however, used to appoint local candidates from time to time subject to their possessing the qualifications prescribed for the posts and to regularise their services after they put in some period ' of service. Such regularisation was made either by executive orders or by the rules framed under Art. 309 of the Constitution. By Official Memorandum No. GAD 34 SRR 73 dated 23rd May, 1973, the Government ordered that the appointment of local candidates should not be made in any case whatsoever. Accordingly, the Secretaries to Government and Heads of Departments were asked not to send any proposal for permission to appoint local candidates. But by Official Memorandum No. GAD 9 SBC 74, Bangalore, dated 14th June, 1974, the Government relaxed the said embargo so far as it related to Scheduled Castes and Scheduled Tribes for appointment to Class III posts. That decision was alleged to have been taken for the reason that in the State Services, Scheduled Castes and Scheduled Tribes were not adequately represented. Though the embargo in so far as Scheduled Castes and Scheduled Tribes were concerned was lifted, the Heads of Departments who were competent to appoint to Class III posts could not take any action in view of the economy orders then in force. So, the Government issued another Official Memorandum dated 31st Aug., 1974, directing the Heads of Departments to make appointments without any restrictions by the economy orders, if any, in force. On 9th July, 1975, the Government made an order reserving 3 per cent of the direct recruitment vacancies to candidates belonging to Backward Tribes as, according to the Government, their representation in the State services was also found to be inadequate. On 19th December, 1975, the Government issued another Official Memorandum directing the Heads of Departments to appoint local candidates belonging to the Backward Tribes to the extent of 3 per cent of vacancies, if such candidates selected by the Public Service Commission or the Departmental Recruitment Committees were not available. Following these orders, quite a large number of local candidates belonging to Scheduled Castes, Scheduled Tribes and Backward Tribes were appointed. During the same period, candidates from the other class or categories were also appointed as local candidates. From time to time, the Public Service Commission or the Departmental Recruitment Committees invited applications for recruitment to Class III cadre in State services. The aforesaid local candidates were also given opportunity to apply to the Commission or the Committees. Some of the local candidates who had applied to the posts were selected by merit and regularly absorbed in the services. Those who were rejected by the Commission or Committees and those who had not applied to the Commission or Committees made representations to the Government for regularisation of their services. On 1st Feb., 1977, the Government directed the continuance of local candidates belonging to Scheduled Castes, Scheduled Tribes and Backward Tribes until further orders. On 25th Feb., 1977, the Governor in exercise of the powers conferred by the proviso to Art. 309 of the Constitution, promulgated "the Special Rules".

(3.) We may now briefly refer to the relevant provisions in the Special Rules, "Local candidate" has been defined under R. 2 (b) as follows :