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2012 Supreme(Kar) 385

N.KUMAR, H.S.KEMPANNA
R. Manjunath – Appellant
Versus
State of Karnataka, Rep. By its Secretary Dept. of Personnel And Administrative Reforms Vidhana Soudha – Respondent


Advocates Appeared:
For the Appellants:M.S. Bhagwat & D. Pavanesh, Advocates, A. Subba Rao, Senior Counsel A/W M. Subramanyabhat for M/s. Subba Rao & Co., Advocates, M/s. V.D. Ganiger & Associates, Advocates, K. Subba Rao Senior Counsel A/W M. Subramanya Bhat, Advocates, Udaya Holl Senior Counsel & A. Subba Rao, Senior Counsel, M/s. Subba Rao & Co., Advocates, M/s. V.D. Ganiger & Associates, Advocates, S.M. Chandrasekar, Advocate, Ravivarma Kumar Senior Counsel for M/s. Ravivarma Kumar Associates, Advocates, Anjaneya, Advocate.
For the Respondents:Raghavendra Gayathri Government Advocate, T. Narayanaswamy, L. Srinivasa Babu, Advocates, S.N. Babu, Advocate, V.D. Bhajantri, Advocate, Srerangaiah L, Advocate, Ashok Harnahalli, Senior Counsel (Special Counsel for Government), T. Narayanaswamy, V.D. Bhajantri, Advocate, M/s. Sanjeev Angadi & Associates, Advocates, C. Jagadish, Advocate, Javid Hussain, Advocate, T.N. Srinivasa Reddy, Associates, N. Shivanna, Advocate, Jagadeeshgoud Patil, Advocate, Bhsavaraj P Shekharappa, Advocate, B.B. Bajantri, Advocate, Gowthamdev C Ullal, Advocate, S.D. Godkner for Advocate, Ashok Harnahalli Senior Counsel (Special Counsel for Govt.) V. Lakshminarayana, Advocate, T.N. Srinivasa Reddy, Advocate Javid Hussain, Rajashekar Seeri, B.B. Bajentri, Advocate, V. D. Bhajantri, Advocate, N. Babu Rao, Advocate, Satish Kumar Godkar, Advocates, P.S. Rajagopal Senior Counsel A/W Girish S Jambagi, Advocate, L. Srinivasababu Advocate, V.D. Bajantri, Advocate, Sanjeev Angadi Advocate, Vijayakumar, Advocate, Prabhugoud B Tunagi, Advocate, Jagadeesh, Advocate, Javed Hussain, Advocate, T. Srinivasa Reddy, Advocate, Parashuram R Hattarakithal, Advocate, N. Bhaskar Jois, Advocate, Basavarajappa P. Shekarappa, Advocate, Girish S Jambagi, Advocate, Rajashekar Seeri, Advocate, M. Babu Rao, Advocate, Venugopal, Advocate, M.S. Bhagwat & Pavanesh, Advocates, Nagendra Naik, Advocate, H. Venkatesh Dodderi, Advocate, B.B. Bajantri, Advocate, Gowri Shankar & Girija Shankar, Advocates, Aravind N Neglur, Advocate, B.H. Satish, Advocate, M/s. Kait & Kait Associates, Advocates, J.D. Kashinath, Advocate, C. Kalinga Rao, Advocate, V.D. Bhajantri, Advocate, M. Shivanna, Advocate.

Judgment

N. Kumar, J.

In all these writ petitions, the petitioners have challenged the order passed by the Karnataka Administrative Tribunal dated 25.5.2009 striking down The Karnataka Civil Services (Absorption of persons appointed on contract basis against backlog vacancies in the category of Assistant Engineers and Junior Engineers) in the Departments of the Public Works Engineering, Water Resources and Rural Development and Panchayath Raj (Special Rules) 2005 as being contrary to the provisions of Articles 14 and 16 of the Constitution of India and several decisions of the Supreme Court and consequently declaring that all appointments under the said rules are illegal, null and void. The writ petitions are preferred both by the State as well as by the persons whose employment under the said Rules were struck down.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original applications.

FACTUAL MATRIX


3. The Government of Karnataka, on 4.7.1977, revised the policy of reservation in appointments and posts in the State Civil Services and determined 15% in favour of the Scheduled Castes and 3% in favour of the Scheduled Tribes. The Gover
























































































































































































































































































































































































































































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