B. THIPPESWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners were applicants for the post of Junior Engineer (Mechanical Engineering) responding to the recruitment notification dated 01.02.2016 issued by the Public Works Department of the State of Karnataka. Admittedly, the petitioners are Diploma Holders in Mechanical Engineering (A.T.). Aggrieved by the rejection of their candidatures in the final selection list, the petitioners herein approached the Karnataka State Administrative Tribunal (hereinafter referred to as the 'Tribunal' for short). The Tribunal, by order dated 31.05.2018, rejected the applications. Therefore, the petitioners have preferred these writ petitions.

(2.) Learned Counsel Smt.Irfana Nazeer, appearing for the petitioners submits that the petitioners, on an earlier round of litigation, were before this Court in W.P.Nos.15955-16115/2009. The State Government had taken the initiative to fill up 1,357 backlog vacancies in the cadre of Assistant Engineers and Junior Engineers. 501 posts to the cadre of Junior Engineer were sought to be filled up by promulgating the Karnataka State Civil Services (Unfilled Vacancies Reserved For The Persons Belonging To Scheduled Castes And Scheduled Tribes) (Special Recruitment) Rules, 2001 (hereinafter referred to as '2001 Rules'). Notifications were issued by Chief Engineer to fill up 243 vacancies of Junior Engineers, by way of contract appointments. A challenge was raised seeking appointment on regular basis, under the '2001 Rules'. In fact, the action of the State Government to fill backlog vacancies for Scheduled Castes/Scheduled Tribes candidates, itself was sought to be assailed. It was contended by the State Government that the appointment on contract basis was a stop-gap arrangement, while regular recruitment would be made against the backlog vacancies, in consonance with the 2001 Rules. However, appointment on contract basis was once again resorted to by notification dated 20.01.2004.

(3.) The recruitment notification was challenged by unselected candidates and candidates who had not applied and sought regular appointment, on various grounds. This Court by order dated 13.07.2012 in W.P.Nos.15955-16115/2009 dismissed the writ petitions, while upholding the order of the Tribunal striking down the 2005 Rules, while directing the State Government to fill up backlog vacancies under the provisions of the Karnataka State Civil Services (Unfilled Vacancies Reserved For the Persons Belonging to Scheduled Castes/Scheduled Tribes) (Special Recruitment) Rules, 2001. It was specifically directed that the eligibility for applying as against those backlog vacancies would be the qualification, educational and age prescribed in the '2001 Rules' as on the day the said Rules came into force i.e., 21.11.2001. Only those persons who possessed the requisite qualification as on 21.11.2001 shall be considered for filling up of those backlog vacancies. When the matter was taken up before Hon'ble Supreme Court, by order dated 04.11.2015, in Civil Appeal Nos.9337-9352/2015, the order passed by this Court on 13.07.2012 was upheld. The mode and method of carrying out the selection process was also elaborately stated by the Hon'ble Supreme Court.