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

Karnataka PSC
under Group-3A category. Their applications for appearing in the main examination were rejected by
the Karnataka Public Service Commission on the ground that they had not submitted any documents
in support of their claim for reservation under Group-B category. The Public Service Commission
took the stand that, having claimed the benefit of reservation under Group-3B in the preliminary
examination the respondents were not entitled to change the category and claim benefit of reservation
under Group-3A category in the main examination. Aggrieved by the rejection of their applications,
Respondents Nos.1 and 2 filed Application Nos.5102 and 5103 of 2005 in the Karnataka
Administrative Tribunal. The Tribunal passed an interim order permitting the applicants to appear in
the main examination subject to the final decision in the applications. Ultimately the applications were
allowed as per Annexure-A order dated 21.7.2005 passed by the Tribunal. In Annexure-A order the
Tribunal held that, it was due to a bona fide mistake that the applicant ticked the column for Group-3B
category instead of Group 3A category and therefore in the peculiar facts and circumstances of the
case they should have been allowed to appear in the main examination. In taking the above view, the
Tribunal relied on the circumstance that, even before submitting the application for preliminary
examination, the respondents had obtained caste certificate issued by the Tahsildar stating that they
belonged to Group 3B category. The Tribunal also pointed out that in the preliminary examination the
respondents had obtained sufficient marks to qualify for appearing in the main examination both under
Group-3A category and Group-3B category. The Tribunal directed the Public Service Commission
to allow the applicants to write the main examination under Group-3A category. Aggrieved by Annexure-
A the order passed by the Tribunal the Public Service Commission has filed this writ petition.
2. While issuing notice to the respondents we directed the learned counsel for the Public Service
Commission to make available to the Court in a sealed cover the marks obtained by the respondents
in the main examination. Accordingly, the learned counsel has made available the marks obtained by
the respondents in the main examination. It is seen that the first respondents has obtained 621 out of
1800 marks and the second respondent has obtained 594 out of 1800 marks. It is seen that the cut
off marks under Group-3A category is 738 and Group-3A Rural is 750. That means, even if the
respondents are treated as Group-3A category candidates they are not eligible for being called for
personality test. Therefore, the appearance of the respondents in the main examination or the marks
obtained by them in the said examination on the strength of the interim order passed by the Tribunal is
of no consequence as far as their claim for selection and appointment to the post is concerned.
3. However, in view of the view taken by the Tribunal regarding the strict observance of the
instructions contained in the notifications issued by the Public Service Commission it has become
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