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

matter in the present proceedings. We observe from the file of the KPSC relating to the objections to
the provisional select list received from a number of candidates, that after considering the objections,
the Commission itself came to the conclusion that paras 7 and 8 of the recruitment notifications were
defective being contrary to the Reservation Order. The para 7 in the notifications required the candidates
seeking reservation under categories 2A, 2B, 3A and 3B to obtain certificates from the Tahsildar in
Form F and enclose the same with the application. Para 8 of the same notification required the
candidates seeking reservation under rural category to obtain certificates from the Tahsildar to the
effect that they do not belong to the creamy layer.
Karnataka PSC
12. The applicants, however, state that there is absolutely no anomaly in the notifications published
by the KPSC. According to the applicants, the “Special Note” already mentioned above, as abundant
caution, advised all candidates who have already applied to the post of Section Officers in pursuance
of the notification dated 7.12.2005 that they need not apply once again. However it made it clear that
they shall only submit a representation by mentioning the serial number of the application already
submitted along with the certificates of newly incorporated Backward Class castes pertaining to
Category IIA, IIB, IIIA and IIIB, if any. This Special Note mentioned in the subsequent notifications
it is contended by the applicants, gave ample opportunity for all the unselected candidates like the
private respondents to submit the caste certificate to which they belong along with their representations.
The ‘Special Note’, the applicants point out, did not insist upon obtaining a creamy layer certificate
along with the caste certificate from the office of the Tahsildar. This opportunity given by the KPSC
has not been availed by any of the unselected candidates until the publication of the provisional select
list. When the opportunity given by the KPSC is not utilized by the unselected candidates for furnishing
the caste certificate to which they belong, they cannot now question the selection of selected candidates
by submitting objections to the provisional select list on certain untenable grounds. Hence the impugned
final select list is liable to be set aside. These are the contentions of the applicants.
13. We have examined the relevant provisions made in the Karnataka Scheduled Castes,
Scheduled Tribes and Other Backward Classes (Reservation of Appointments, etc.) Act, 1990
(hereinafter ‘the Act’) and the rules under the Karnataka Scheduled Castes, Scheduled Tribes and
Other Backward Classes (Reservation of Appointment, etc.) Rules, 1992 (hereinafter ‘the Rules’).
The relevant part of Section 4-A of the Act reads as follows:
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