Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

IN THE HIGH COURT OF KARNATAKA AT BANGALORE
WRIT PETITION NOS.9521-9525, 10709 AND 11332 OF 1999 (S-KAT)
D.D. 12.06.2002
The Hon’ble Mr. Justice R.V.Raveendran &
The Hon’ble Mr. Justice K.Ramanna
S.Srinath & Ors. ... Petitioners
Vs.
The State of Karnataka & Ors. ... Respondents
Recruitment:
Whether notification can contain instructions which are not provided for in the Rules? – Yes
G.P. 1998 Recruitment – Petitioners candidates for the said recruitment were unsuccessful in the
Preliminary Examination not qualified to take the Main Examination – Petitioners sought revaluation of
their answer scripts – Clause 17(v) of the notification clearly stated that Preliminary Examination was
only a screening test and the marks sheet would not be supplied to any candidates – As the petitioners
secured lesser percentage than the candidates selected for main examination in the respective categories
writ petitions were dismissed.
Held:
Instructions to the candidates may contain matters, which are not part of the Rules. Instructions
and conditions of the recruitment notification will be valid as long as they are in accordance with Rules.
The Rules do not provide for publishing of marks or revaluation of papers in regard to preliminary
examination. Therefore, the instructions contained in clause 17(v) of the notification are neither
unreasonable nor arbitrary.
ORDER
Karnataka Public Service Commission [KPSC] by notification dated 9.3.1998 invited applications
for recruitment of Gazetted Probationers (Group-A and Group-B) at the request of the State
Government. The selection was governed by Karnataka Gazetted Probationers [Appointment by
Competitive Examination] Rules, 1997 [for short, the Rules).
2. The scheme of selection under the said notification required the Candidates to undergo the
competitive examination at two stages:
Karnataka PSC
(i) a preliminary examination or screening test for selection of candidates for the main
examination. The preliminary examination consisted of two objective type (multiple
choice) papers, wherein the candidates are required to merely indicate the correct
answer by encoding the column and the evaluation of answer scripts was to be
made by OMR method i.e. optical mark reading by computer.
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