R SHASHIDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the challenge in this petition for a writ of certiorari is directed against a notification dated 17th may, 1997 issued by the respondent- university reserving a solitary post of professor in the postgraduate department of english for the scheduled tribe candidates only. The petitioner who was at the relevant time working as a reader in the said department, has assailed the reservation on the ground that such a reservation was legally impermissible as the same would amount to making a 100% reservation in favour of scheduled tribe candidates against other category of candidates.

(2.) counsel appearing for the petitioner argued that the question whether a single post available in the cadre could be reserved either directly or on rotational basis is no longer res integra in the light of the Constitution bench decision of the Supreme Court in the case of postgraduate institute of medical education and research, chandigarh v faculty association and others. He contended that the reservation of the only post in the department of english amounted to making a 100% reservation against the said post which was impermissible and violative of rights guaranteed to the petitioner under articles 14 and 16 of the constitution. Reliance was also placed by him upon a division bench decision of this court in Dr. L. Krishna v state of karnataka, in support of his argument that for purposes of reservations, the university is required to treat each subject as a different unit and cadre. The clubbing of post available in different departments of the university was not according to learned counsel permissible for that would be yet another ingenious method and device meant to create a 100% reservation.

(3.) the university has in the objections filed on its behalf justified the reservation on the basis of state government orders dated 22nd of february, 1994 and 20th of june, 1995. By the first of those orders the state government had directed that all posts of readers / professors as the case may be available, in the university shall be clubbed together and treated as a combined cadre for purposes of application of the roster prescribed by the latter order.