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

Karnataka PSC
layer application while responding to the provisional select list. During hearing mention was made that
the private respondents were ‘estopped’ from raising the objection relating to erroneous instructions
contained in the recruitment notification, since they had, up till the time of publication of the provisional
select list, gone along with the recruitment, filed their applications, and participated in the competitive
examination, etc., without protest. We are clear that this argument has no merit and take support from
the observations of the Apex Court in A.C.Jose –vs- Sivan Pillai & Ors. (AIR 1984 SC 921). The
issue there was the use of voting machines in elections, and the appellant had not objected to them
when he had opportunity earlier. The court observed:
“Lastly, it was argued by the counsel for the respondents that the appellant would be
estopped from challenging the mechanical process because he did not oppose the
introduction of this process although he was present in the meeting personally or through
his agent. This argument is wholly untenable because when we are considering a
constitutional or statutory provision there can be no estoppel against a statute and whether
or not the appellant agreed or participated in the meeting which was held before introduction
of the voting machines, if such a process is not permissible or authorized by law he cannot
be estopped from challenging the same.”
In this instance too the statutory provisions need to be upheld, and the argument of estoppel cannot
be allowed to come in its way. The key issue is that of fulfillment of the reservation rules. It is
indisputable that as the selecting authority, KPSC has to conform to the provisions of the Karnataka
Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointments,
etc.) Act, 1990 and the rules thereunder, namely the Karnataka Scheduled Castes, Scheduled Tribes
and Other Backward Classes (Reservation of Appointment etc.) Rules, 1992 in respect of extent and
manner of reservations for the members of the Scheduled Castes, Scheduled Tribes and Backward
Classes, and to the provisions of the Karnataka Reservation of Appointments or Posts (in the Civil
Services of the State) for Rural Candidates Act, 2000, in respect of the horizontal reservation in
favour of rural candidates in vacancies earmarked for direct recruitment in each of the categories of
General Merit, the Scheduled Castes and Scheduled Tribes and in each of the categories of the Other
Backward Classes. In the present recruitment, the Commission was required to follow the Reservation
Order dated 30-3-2002. To recall the important provisions, para 3 of the Reservation Order states
that ‘Candidates belonging to Category II(A), II(B), III(A) and III(B) shall be entitled to reservation
in the manner specified in the new comprehensive Creamy Layer Policy.’ The Annexure-II to the said
Government Order is called ‘NEW COMPREHENSIVE CREAMY LAYER’ and it opens with the
statement ‘Under Article 15(4) and 16(4) of the Constitution of India, the following persons shall not
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