JUDGMENT

B. P. JEEVAN REDDY, J.:—Leave granted.

2. Heard counsel for the parties.

3. With a view to bring the representation of Scheduled Castes and Scheduled Tribes in certain Civil Services in the State of Karnataka to the prescribed level, the Governor framed the Karnataka Civil Services (Special Recruitment of Scheduled Castes and Scheduled Tribes candidates to certain Group A and Group B posts) Rules, 1985 (hereinafter referred to as the "Rules). They were brought into force on 11-4-1985, the date of publication in the Official Gazette. The cadres in Group A and Group B, to which the said rules are made applicable are mentioned in the Schedule (against Sl. Nos. I to 5) and in the lists given below the Schedule (hereinafter referred to compendiously as the Schedule) appended to Rules. Rule 2 defines the expressions Board and Schedule. Board means a Board constituted under Rule 4(l).

4. Rules 3 and 4 which constitute the core of the Rules read as follows:

"3 Appointment of Scheduled Castes or Scheduled Tribes candidates to certain Group A and Group B posts.

Notwithstanding anything contained in.-

(i) the Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1966;

(ii) the Karnataka State Civil Services (Direct Recruitment by Selection) Rules, 1973;

(iii) the Karnataka Civil Services (General Recruitment) Rules, 1977;

(iv) the rules of recruitment specially made in respect of posts referred to in the Schedule; or

(v) any other rules providing for recruitment of Scheduled Castes and Scheduled Tribes,

Such number of eligible candidates belonging to Scheduled Castes or Scheduled Tribes as indicated in Column 3 of the Schedule who have passed the courses specified in the corresponding entries in column 2 thereof shall, subject to the availability of vacancies, be appointed every year to the posts specified in column 4 thereof in the manner provided for in these rules.

4. Selection of candidates.- (1) The Government shall, for the purpose of selection of candidates for appointment under these rules, constitute a Board consisting of the following members, namely:-

(a) The Additional Chief Secretary

... Chairman

(b) A Vice-Chancellor of an University established by law in the State of Karnataka, nominated by the State Government..

.. Member

(c) An eminent educationist, nominated by the State Government.

... Member

(2) The Board shall, immediately after the end of every academic year, commencing from and including 198-2-83, obtain from the Universities established by law in the State of Karnataka, the names of the Scheduled Castes and Scheduled Tribes candidates, who have studied in an educational institution in the State of Karnataka for not less than five years before passing the Pre-University Course Examination and who have passed in such academic year from such Universities any of the courses specified in column 2 of the Schedule, in first attempt securing the 1st or 2nd or 3rd posit Ions among the Scheduled Castes and Scheduled Tribes candidates.

(3) Separate lists of such candidates, in respect of each course specified in column 2 of the Schedule, shall be prepared arranging their names in the order of merit determined on the basis of marks secured in the examination passed by them in such academic year to pass such course.

(4) From each of the lists prepared under sub-rule (3) in respect of courses specified in S1. Nos. 1 to 3 in the Schedule such number of candidates as is equal to the number indicated in the corresponding entries in column 3 shall be selected, in the order in which their names are arranged in the list, for appointment to the posts specified in the corresponding entries in column 4 thereof.

(5)(a). The candidates specified in the lists prepared in respect of courses specified at Sl. Nos. 4 to 8 in the Schedule shall be called for an oral test to assess the suitability of the candidates in all respects for the posts concerned. Maximum marks for the test shall be 100. The oral test shall b