BASAVARAJ NAGOOR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner has appeared at the examination held on 30-8-1998 by Karnataka public service commission for the Karnataka civil service group 'a'/'b' post, the result whereof is still awaited. He has questioned the validity of Rule 3-b read with Rule 2 (1) (mm) of the Karnataka civil services (general recruitment) rules, 1977 (in short, the 'rules') which provide for giving of a weightage of 10% marks to the rural candidates in giving public employment under the state's civil services.

(2.) PURSUANT to the powers conferred on the state government under Section 3 of the Karnataka state civil services Act, 1978 (karnataka act 14 of 1990), the state government has made the Karnataka civil service (general recruitment) (forty-third amendment) rules, 1993, whereby it amended the rules by inserting clause (mm) in sub-rule (1) of Rule 2 defining 'rural candidate' and an independent Rule 3-b providing for 'weightage of marks to rural candidates' in order to give preference to them in public employment.

(3.) SUBSEQUENTLY, clause (mm) in sub-rule (1) of Rule 2 and Rule 3-b of the rules were subjected to various amendments by the Karnataka civil services (general recruitment) (forty-seventh amendment) rules, 1996, Karnataka civil services (general recruitment) (forty-ninth amendment) rules, 1997, Karnataka civil services (general recruitment) (fiftieth amendment) rules, 1997 under notification dated 15-3-1996, 27-4-1997 and 6-12-1997 respectively. The amended clause (mm) of sub-rule (1) of Rule 2 and Rule 3-b of the rules read thus. 2 (l) (mm) "rural candidate" means a person who was studied in the state of karnataka. (i) from first standard to tenth standard where the qualifying examination prescribed for a post is sslc or higher; or (ii) from first standard to the qualifying examination, where the qualifying examination prescribed for a post is lower than sslc, in a school situated in an area/town other than the areas/towns specified in the schedule. Provided that where a student who has been admitted directly to any standard other than the first standard in accordance with the Provisions of the compulsory primary Education Act, 1961 and has studied upto qualifying examination or upto the 10th standard as the case may be in a school situated in an area or towns other than the areas or towns specified in the schedule shall also be considered as rural candidate under this rule. 3-b. Weightage of marks to rural candidates. (1) notwithstanding anything contained in these rules or in the Karnataka civil services (direct recruitment by selection) rules, 1973 or in any other rules made or deemed to have been made under the Karnataka civil services Act, 1978 (karnataka act 14 of 1990) in all direct recruitments to (any of the posts) in the state civil services, in respect of a rural candidate, a weightage of. (i) ten per cent shall be added to the percentage of marks secured in the. (a) qualifying examination where the selection is based upon the marks secured in the qualifying examination; (b) qualifying examination where the selection is based upon the marks secured in the qualifying examination and interview; (c) competitive examination or in the competitive examinations and interview/two voce, as the case may be, where the selection is based upon marks secured in the competitive examination or in the competitive examination and interview/viva voce. (ii) ten per cent of the marks secured in the interview shall be added to the marks secured in the interview where the selection is made on the basis of the marks secured in the interview: provided that no weightage shall be allowed to a rural candidate for whom a rural weightage has already been allowed in accordance with the rules of recruitment especially made in respect of any service or post".