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1983 Supreme(Kar) 19

M.RAMA JOIS
N. F. NAGESH – Appellant
Versus
KARNATAKA PUBLIC SERVICE COMMISSION – Respondent


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

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











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