10.12.2012 Views

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

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

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

488<br />

2008 (6) AIR Kar R 235<br />

IN THE HIGH COURT OF KARNATAKA AT BANGALORE<br />

W.P. NO.24321 OF 2005<br />

D.D. 08.06.2008<br />

The Hon’ble Mr. Chief Justice Cyriac Joseph &<br />

The Hon’ble Mr. Justice N.Kumar<br />

Karnataka <strong>Public</strong> <strong>Service</strong> Commission, Bangalore. ... Petitioner<br />

Vs.<br />

N.T.Madhusudan & Anr. ... Respondents<br />

Recruitment: Reservation :<br />

Whether a candidate can change his reservation category at the time of main examination? - No<br />

Constitution of India, Art.16 – <strong>Public</strong> employment – Appointment for posts of Groups A and B –<br />

Instructions to candidates contained in the notification specifically stated that, request for change for<br />

reservation/optional subject/center originally indicated by them in application will not be entertained<br />

by <strong>Public</strong> <strong>Service</strong> Commission – In applications for preliminary examination, respondents had ticked<br />

column for Group-3B category – It is only after results to preliminary examination were declared that<br />

respondents claimed reservation under Group 3A category – Writ petition of K.P.S.C. allowed setting<br />

aside KAT order allowing the application of respondents.<br />

Held:<br />

Even if it is due to a bona fide mistake that a wrong column was ticked by candidate in application<br />

for preliminary examination he is bound by such mistake and he is liable to face consequences. <strong>Public</strong><br />

<strong>Service</strong> Commission cannot be faulted for rejecting applications of respondents for change of category.<br />

Cases referred:<br />

1. (1992) 2 SCC 206 : (AIR 1992 SC 952) - Y.C.Shivakumar & Ors. v. B.M.Vijayashankar<br />

& Ors.<br />

2. 2005 AIR SCW 5175: (2006 (1) AIR Kar R 4) - A.P. <strong>Public</strong> <strong>Service</strong> Commission v.<br />

Koneti Venkateswarulu & Ors.<br />

CYRIAC JOSEPH, C.J.:-<br />

Karnataka PSC<br />

ORDER<br />

In response to the notification of the petitioner Karnataka <strong>Public</strong> <strong>Service</strong> Commission inviting<br />

applications for the post of Group-A and B, Respondents 1 and 2 submitted their applications. In the<br />

application submitted for the preliminary examination they claimed benefit of reservation under Group-<br />

3B category. After the results of the preliminary examination were published the respondents submitted<br />

their applications for the main examination. In the said applications they claimed the benefit of reservation

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!