Abdul Nazeer, J (Oral)

1. In all these writ petitions, petitioners have challenged the order passed by the Karnataka Administrative Tribunal, Bangalore in application Nos. 6432 to 6437/2006 and other connected matters dated 11-4-2007 whereby the applications filed by them for a mandamus directing the respondents to fill up 35 posts of Inspector of Motor Vehicles (‘IMV’ for short) pursuant to a notification bearing No. PSC.1.RTB/1996, dated 3-1-1997 and to consider their candidature to the said post Were dismissed.

2. Petitioners are the holders of Diploma in Automobile Engineering. The second respondent vide notification dated 3-1-1997 invited applications for filling up 35 posts of IMV s in Motor Vehicle Department. Pursuant to the notification, petitioners submitted applications in the prescribed form enclosing copies of the certificates in proof of educational qualification, reservation category and experience certificates along with the prescribed fee by way of demand draft. It is contended that the process of recruitment has been stalled at the instance of Karnataka Motor Vehicles Inspectors’ Association which had not only made representations to the third respondent to keep in abeyance the process of recruitment but also initiated proceedings before the Tribunal in application Nos. 4908 and 5360/ 1998 questioning the validity of the notification dated 3-1-1997. It is further contended that after the submission of the applications, none of the petitioners was intimated by the Karnataka Public Service Commission (for short ‘Commission’) as to the stage of process of selection or action taken on their applications. The association of petitioners, namely, “Unemployed Youth Diploma’ Holders in Automobile and Mechanical Engineering Forum” submitted representation On 24-12-2004 to the Commission inviting its attention to its earlier representation dated 15-9-2003 pertaining to notification dated 3-1-1997 for recruitment of 35 posts of IMVs and requesting the Commission to issue letters of interview and relieve them of unemployment and hardship. The association renewed its request in the year 2006 to the Commission and other authorities. Despite the said representations, neither the forum nor the petitioners or other candidates, who had submitted their applications were apprised of the factual position. It is contended that succumbing to the external pressure brought upon the Government against the recruitment being processed, the Government kept the process of recruitment vide Notification dated 3.: 1-1997 in abeyance and there was no cancellation or supersession of the Notification. It is the case of the petitioners that they were surprised by a news item appearing in ‘Vijaya Karnataka’ Kannada daily newspaper dated 20-8-2006 in which a Notification dated 17-8-2006 issued by the Commission had been published inviting applications for recruitment of 245 posts of IMV s. Within a span of 8 days from the date of publication of the said Notification, a corrigendum dated

25-8-2006 was issued by the Commission reducing the number of vacancies from 245 posts to 145 posts which included 35 posts of vacancies which were notified vide Notification dated 3-1-1997. It is contended that they were not aware of the cancellation of the Notification dated 3-1-1997 since they had not received any communication from the Commission much less the fee remitted along with their application had not been returned to them. Therefore, petitioners filed the applications before the KAT for the following reliefs:

“a) Call for the records pertaining to Notification No. R(2):147:PSC:2001-02, dated 18-10-2001 (Annexure-A13), Notification No.PSC.1.RTB.1/2006 dated 17-8-2006 (Annexure-A11) and Corrigendum No. R(1)79/2006-07/PSC, dated 25-8-2006 (Annexure-A12) of the second respondent-KPSC and peruse the same and declare them as improper and illegal;

b) As a consequence thereof to quash the Notification No. R(2):147:PSC:2001-02, dated 18-10-2001 (Annexure-A