JUDGMENT

M.I.Arun, J. - Aggrieved by the order dated 04.12.2017, passed by the KAT in application No.5275/2013, the applicant therein has preferred W.P.No.117767/2019. As against the said order, respondent Nos.1 to 3-State have also preferred W.P.No.103279/2018.

2. For the sake of convenience, the parties would be referred to as per their ranking in

3. The brief facts of the case are that on 31.08.2012, the second respondent called for application to fill up two posts of driver in the Department of Excise, Government of Karnataka. Out of them, one post was earmarked for Scheduled Tribe (men and woman) and another post for General Merit (woman). It was also mentioned that in case a suitable woman is not found in the general merit category, male candidate can be considered. No suitable woman candidate had applied for the post.

4. The petitioner belongs to Scheduled Tribe and he had applied for the post. After due tests, the petitioner stood second amongst Scheduled Tribe candidates. It is relevant to note that respondent No.4, who also belongs to Scheduled Tribe, scored the highest marks followed by respondent No.5, who belongs to General Merit category.

5. The Department appointed re