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

492
IN THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE
A.NOS.1555/2008 C/W 1556/2008, 1557/2008, 1558/2008 & 1666/2008
D.D. 10.07.2008
The Hon’ble Mr. Justice A.V.Srinivasa Reddy, Chairman &
The Hon’ble Mr. P.S.V.Thomas, Administrative Member
Mr. C.S.Shivakumara Swamy & Ors. ... Applicants
Vs.
The State of Karnataka & Ors. ... Respondents
Recruitment:
Whether the Commission can rectify the mistake in the notification regarding production of reservation
certificates after the provisional select list is published? – Yes
Selection to the post of the Section Officer in Karnataka Govt. Secretariat by direct recruitment by
holding competitive examination – Creamy layer concept was wrongly applied contrary to Government
order dated 30.3.2002 – After the publication of the provisional select list objections were filed stating
that creamy layer criterion was not applicable to the selection as per the Government order dated
30.3.2002 – Commission took a decision to provide opportunity to all applicants to submit caste/
reservation certificates afresh without creamy layer criterion – Final select list was prepared taking
into account the caste certificates received afresh – Applicants who figured in the provisional select list
were excluded from the final select list – Aggrieved by the same the applicants filed these applications.
Held:
Statutory provisions need to be up held and the argument of estoppel cannot be allowed to come
in its way.
Further Held:
Selecting and Appointing Authorities are required not only to make selection and appointment of
candidates as per the numbers prescribed for different reservation categories, but they are also required
to apply creamy layer criterion where the said criterion is applicable and not otherwise.
Further Held:
An authority has inherent power to correct inadvertent mistake.
Case referred:
Karnataka PSC
AIR 1984 SC 921 - A.C.Jose –vs- Sivan Pillai & Ors.
ORDER
The applicants in these proceedings were all candidates for selection to the post of Section Officers
by direct recruitment from among inservice officials on the basis of competitive examinations conducted