JUDGMENT :

PAMIDIGHANTAM SRI NARASIMHA, J.

1. Leave Granted.

2. The short question arising for our consideration is whether a notification for filling up 18 posts of lecturers of Home Science in First Grade College run by State of Karnataka is liable to be quashed for not providing the breakup of the ‘subjects’ within Home Science. The Karnataka Administrative Tribunal quashed the notification on the ground that specifying the subject categories is necessary for advertising the vacant posts.¹ [Order dated 12.06.2009 passed in Application No. 1002/2008 and Application No. 2794/2008 by the Karnataka Administrative Tribunal, Bangalore] Writ Petitions² [Judgment dated 28.03.2013 passed in W.P. Nos. 19495-503/2009 and W.P. Nos. 20289-20297/2009 connected with W.P. No. 21474/2009 (S-KAT)] filed by the Karnataka Public Service Commission as well as the successful candidates were dismissed by the High Court confirming the order of the Tribunal. Thus, the present appeal.

3. Having examined the rules and regulations which govern the process of recruitment, we found no difficulty in arriving at the conclusion that the requirement, as assumed by the Tribunal and the High Court, is not a mandate of the recruitment Rules. Even otherwise, the Tribunal and the High Court have erroneously based their conclusions on policy considerations relating to how such a breakup would be beneficial to the candidates. For the reasons to follow, we have allowed the appeals, set-aside the judgments and upheld the recruitment process. Consequently, appointments made on the basis of the advertisement are affirmed.

4. The short facts leading to the present appeal are as follows. The Karnataka Public Service Commission (hereinafter ‘KPSC’) issued a notification on 24.12.2007 for filling up approximately 2500 posts of lecturers in the Government First Grade Colleges. Of the said posts, we are concerned with the recruitment to 18 posts in the department of Home Science. Following the advertisement, the appellants in the lead matter and two other connected matters, having the required qualification, were selected to the post of Home Science lecturer on 23.09.2008. In the meanwhile, respondent no. 8 approached the Tribunal seeking quashing of the notification by filing an Application on the ground that the breakup of the specialised subjects within Home Science are not specified in the notification. There was no interim order passed by the Tribunal, but the recruitment was made subject to the outcome of the Application.

5. The Application was finally taken up for hearing and the Tribunal by its order dated 12.06.2009 allowed the same and quashed the advertisement dated 24.12.2007. The Tribunal held that: (i) Home Science is not a subject, but a course which comprises of different subjects; (ii) in the past, KPSC had released notifications specifying vacancies against each specialisation and appointments were also made after notifying vacancies against each specialisation and (iii) if posts are not filled up subject-wise and a lecturer possessing degree in Home Science in a particular subject is made to teach students in another subject, the education of the students would suffer.

6. Questioning the legality and validity of the Tribunal’s decision, the appellants, who were successfully appointed candidates and KPSC filed Writ Petitions before the High Court. By the order impugned herein, the High Court dismissed the said Petitions. The reasoning of the High Court is that: (i) though the notification dated 24.12.2007 specifies subjects within the field of Arts and Science, for Home Science, no subjects or specialisations were mentioned; (ii) the Karnataka Education Department Service (Department of Collegiate Education) (Special Recruitment) Rules, 1993, require that the vacancy must be specified subject wise which was not done for Home Science and (iii) if any student wants to take up specialised subjects in his masters’ degree, he is required to have studied that subject,