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1997 Supreme(SC) 110

K.RAMASWAMY, G.T.NANAVATI
Bhakta Ramegowda – Appellant
Versus
State of Karnataka – Respondent


ORDER

Leave granted. We have heard learned counsel on both sides.

2. These appeals by special leave arise from the order of the Karnataka Administrative Tribunal, made on April 29, 1994 in Application Nos. 3727/82 and batch.

3. The admitted position is that under the Karnataka Civil Services (General Recruitment) Rules, 1977, the Government exercising the power under proviso to Article 309 of the Constitution has amended Rule 8 and introduced proviso thereto. It reads as under :

"8. Provision for reservation of appointments or posts.-Subject to provisions of sub-rule (3) of Rule 9, appointments or posts shall be reserved for the members of the Scheduled Castes, Scheduled Tribes, Backward Tribes and other Backward Classes to such extent and in such manner as may be specified by the Government under clause (4) of Article 16 of the Constitution of India."

4. As a result thereof, the Government is empowered, in consistency with Article 335 of the Constitution, to appoint by promotion by way of reservation of the members belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes to such extent and in such manner as may be specified by the Government under clause (4) of Articl







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