1990 Supreme(SC) 200
K.N.SINGH, N.M.KASLIWAL
N. T. Devin Katti – Appellant
Versus
Karnataka Public Service Commission – Respondent
Advocates:
M.VIRAPPA, P.P.Rao, S.R.Bhatt
Judgement Key Points
- The appeals challenge the High Court's dismissal of a writ petition under Article 226 questioning the validity of a revised select list for Tehsildars posts prepared by the Karnataka Public Service Commission. [1000223720001][1000223720002]
- Recruitment to 50 Tehsildars posts was governed by the Karnataka Administrative Services (Tehsildars) Recruitment (Special) Rules 1975, with a notification issued on May 23, 1975 (published May 29, 1975) specifying reservations: 5 for Ex-Military Personnel, 7 for Scheduled Castes, 1 for Scheduled Tribes, and 13 for other Backward Classes. [1000223720002]
- The notification applied Rules 7-14 of the 1966 Rules and 1957 Rules where applicable, and stated reserved vacancies would be filled per rules if insufficient candidates. [1000223720002]
- The Commission published a select list and additional list on March 18, 1976 (noted as 1975 in some places), following the Government Order dated September 6, 1969; appellants were in the additional list. [1000223720002]
- State Government rejected the list, directing a fresh one per Government Order dated July 9, 1975, leading to a revised list on May 27, 1976 excluding appellants. [1000223720002]
- Rule 10 of 1966 Rules (applicable via 1975 Rules) mandates reservations per government orders, with reserved candidates considered by merit order irrespective of general rank, and unfilled reserved vacancies going to merit list. (!) (!) (!)
- 1969 Government Order set reservations at 15% SC, 3% ST, 30% OBC and prescribed procedure in Annexure 2, which Commission followed. [1000223720005] (!)
- 1975 Government Order (July 9) revised percentages and mode in Annexure 2, superseding priors but Para 11 saved reservations already made and advertised before its issue. [1000223720006] (!)
- State Government's April 23, 1976 order misinterpreted Para 11, applying new mode despite advertisement predating July 9, 1975; original list was valid. [1000223720007][1000223720008][1000223720009] (!)
- Candidates acquire vested right to selection per rules and reservations in advertisement at time of publication; changes during process do not apply unless retrospective. [1000223720010]
- Original select list and additional list valid; revised list illegal; appellants entitled to Tehsildars appointment. [1000223720013]
- To balance equities, appellants appointed retrospectively (supernumerary posts if needed), placed below 1976 appointees for seniority, no backwages, entitled to future promotion if suitable; no interference with existing appointees. [1000223720014]
- Appeals allowed, parties bear costs. [1000223720014] (!) (!)
Judgment
SINGH, J. - Special leave granted.
2. These appeals are directed against the judgment of a Division Bench of the High Court of Karnataka dated August 11, 1978 dismissing the appellants writ petition under Article 226 of the Constitution of India challenging validity of the revised select list prepared by the Karnataka Public Service Commission for appointment to the posts of Tehsildars.
3. In the State of Karnataka recruitment to the posts of Tehsildars is regulated by the Karnataka Administrative Services (Tehsildars) Recruitment (Special) Rules 1975 (hereinafter referred to as 1975 Rules). The Karnataka Public Service Commission (hereinafter referred to as the Commission) issued a Notification on May 23, 1975 (published on May 29, 1975) inviting applications from in service candidates for recruitment to 50 posts of Tehsildars. Paragraph 3 of the Notification specified details of the posts reserved for candidates belonging to Scheduled Castes, Scheduled Tribes and other Backward Classes including 10% of posts set apart for Ex-Military Personnel. According to the figures specified, therein, out of 50 pots of Tehsildars, 5 pots were reserved for Ex Military Personnel, 7 posts
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