SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1983 Supreme(Kar) 19

Karnataka High Court
N.F.NAGESH - Appellant
Versus
KARNATAKA PUBLIC SERVICE COMMISSION - Respondent
Decided On : 02-02-83
W.P. : 29592 of 1981

Advocates:
B.B.MANDAPPA, K.CHENNABASAPPA, S.S.MUDALGI, V.D.GOURIGER, W.K.JOSHI

The main legal point established is that in matters of appointment and reservation, the authorities must adhere to natural justice principles and consider certificates issued by competent authorities before rejecting a candidate's claim.

Headnote:

Mandamus - Appointment - Karnataka Public Service Commission - Art. 16 of the Constitution - Scheduled Caste - Natural Justice

Fact of the Case:

The petitioner sought a writ of mandamus to direct the Karnataka Public Service Commission to consider his selection for the post of Chief Librarian reserved for scheduled caste. The petitioner claimed to belong to 'korama' caste, a Scheduled Caste, and submitted certificates to support his claim. The Commission rejected his claim without giving him an opportunity to explain the discrepancies in the certificates.

Finding of the Court:

The Court found that the Commission failed to consider the petitioner's claim as a Scheduled Caste candidate despite the certificates issued by the competent authority. The Court also noted that the interim order obtained by the petitioner caused irreparable injury to another candidate, respondent 4.

Issues: The main issue was whether the Commission's rejection of the petitioner's claim without providing an opportunity to explain the discrepancies in the certificates was valid.

Ratio Decidendi: The Court held that the Commission was required to act on the certificates issued by the competent authority and could not reject them without giving the petitioner an opportunity to explain any discrepancies. The Court emphasized the importance of natural justice in such matters.

Final Decision: The Court directed the Commission to reconsider the petitioner's selection for the reserved post, conduct an inquiry in conformity with natural justice, and determine the seniority of respondent 4 based on the ranking assigned by the Commission.

M. RAMA JOIS, J.

( 1 ) THE petitioner, who was one of the applicants for selection for appointment for the post of Chief Librarians in the department of the State Government, has prayed for the issue of a writ of mandamus directing respondent 1, the Karnataka Public Service Commission ('the Commission' for short) to consider his case for selection as against a post reserved for scheduled caste.

( 2 ) THE facts of the case, in brief, are as follows : The Commission by its notificaf tion dt. 3-5-1979 invited applications for selection for appointment to the posts chief Librarian. The petitioner submitted his application. Along with the application, the petitioner submitted a certificate issued by the Tahsildar,haveri, to the effect that he belonged to 'koraga' caste, which had been declared by the State Government as Backward Tribe in its order made under cl. (4) of Art. 16 of the Constitution directing reservation of posts in favour of backward Classes. After the petitioner submitted his application, the State government by its order dt. 27-3-1980 (a copy of which was produced at the time of hearing) issued a clarification, with the approval of the Government of India, to the effect that the caste going by the name of 'korava' or 'koravar' was synonyms of sub-caste of 'korama', which had been declared as Scheduled Caste in the Presidential Order issued under Arts. 341 and 342 of the Constitution. After the aforesaid order was issued, the petitioner submitted a certificate issued by the Tahsildar, bangalore South Taluk, to the effect that the petitioner belonged to 'korama' caste, which was a Scheduled Caste. According to the petitioner, he also produced a similar certificate issued by the Tahsildar, haveri Taluk, from which area the petitioner hailed, on or about 12-6-1981. The commission interviewed the petitioner on 20-9-81. The list of selected candidates was prepared on 20-10-1981. The petitioner was not selected. In these circumstances the petitioner has preferred this writ petition.

( 3 ) THE stand taken on behalf of the commission is that, as in the application the petitioner bad claimed that be belonged to Backward Tribe and had produced the necessary certificate in support thereof his case was considered as against a post reserved for Backward Tribe and as respondent 4, who also belonged to Backward Caste, had a better claim than the petitioner, he was selected.

( 4 ) SRI K. Chennabasappa, learned counsel appearing for the petitioner, contends that in view of the clarification issued by the State Government in its order dated 27-3-1980 and the subsequent production of the certificate by the petitioner to the effect that he belonged to Scheduled Caste, it was obligatory on the part of the Commission to have considered the case of the petitioner as against a post reserved for scheduled Caste and if it was so considered he had every chance of being selected.

( 5 ) THE original records of the Commission have been produced. The records disclose that on 6-6-1981 the petitioner produced a certificate issued by the Tahsildar, Bangalore South Taluk, dated 8-6-1981 to the effect that he belonged to korama caste, which is recognised as scheduled Caste under the Presidential order. On the application, a note was put up seeking orders as to whether the certificate be placed in his application and there was an order 'yes' below that. In the records there is also decision dated 28-11-1980 to the effect that as the petitioner had along with his application produced a certificate to the effecc that he belonged to Koragar community and therefore he was a Backward Tribe candidate and as the caste 'koraga' was not in the list of synonyms and sub-castes of Korama caste, his claim cannot be considered and he be treated only as a Backward Tribe candidate.

( 6 ) LEARNED counsel for the petitioner submitted that there was no difference between 'korava' and 'koravar' and in some of the certificates, namely, Annexures-A to A-3 and B, he pointed o







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top