N NANJUNDASWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The two petitioners in this writ petition have sought for issue of a writ of Mandamus to the State Government to make direct recruitment against the quota of posts reserved for direct recruitment in the cadre of Assistant Director of Fisheries of the State of Karnataka in, obedience to the provisions of the Recruitment Rules.

(2.) The method of recruitment to the posts of Assistant Director of Fisheries in the Fisheries Department to the State of Karnataka is regulated by the Rules called the Karnataka General Services (Fisheries Branch) Recruitment Rules, 1960, framed by the Governor in exercise of the powers under proviso to Art-309 of the Constitution According to the said rules 66 2|3% of the posts of the Assistant Directs of Fisheries were required to be filled up by direct recruitment and 331/3% by promotions. The Rules were, amended on 5-1-1975 by the Karnataka, General Services (Fisheries Branch) (Recruitment) (Amendment) Rules, 1974 Accroding to this amendment also the ratio as between the direct recruitment and promotion is the same as previously However, the minimum qualification for direct recruitment prescribed according to the amendment is a Bachelors Degree in Fisheries Science (B.F.Sc., Degree) Science Degree with Zoology as one of the subjects, of any recognised University, but a person possessing B.F.Sc., Degree is given preference over other graduates. The petitioners have secured Fisheries Degree in the year 1974. Their grievance is, though the Recruitment Rules ear-marked 662|3% of the posts of Assistant Director of Fisheries for being filled up by direct recruitment to which they are eligible, all the posts are being filled up by promotion and consequently the petitioners have been denied the equality of opportunity in the matter relating to employment guaranteed to them under clause (1) to Art. 16 of the Constiution, They also complain violation of the statutory rule which is binding on the State Government

(3.) Tn support of the above submissions, the petitioners have produced! the following notifications; (1) Notification dated 8-7-1975 by which seven persons were promoted to the posts of Assistant Director of Fisheries (Ext- 'A') (2) Notification dated 8-9-1975 (Ext-B) by which as many as 18 persons were promoted as against the post of Assistant Director of Fisheries. (3) Notification dated 25-5-1976 (Ext-D) by which as many as 11 persons have been promoted to the cadre of Assistant Director of Fisheries.