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

IN THE KARNATAKA ADMINISTRATIVE TRIBUNAL AT BANGALORE
APPLICATION NO.1370/2008 & CONNECTED CASES
D.D. 19.12.2008
Hon’ble Mr. Justice A.V. Srinivasa Reddy, Chairman &
Hon’ble G.Raju Premkumar, Administrative Member
Venkate Gowda & Ors. ... Applicants
Vs.
State & Ors. ... Respondents
Recruitment:
Karnataka PSC
Whether non prescription of qualification or service for in-service candidates vitiates the Rules – No
Prescription of qualification is within the exclusive domain of the executive.
A. Karnataka Public Works Engineering Department Services (Recruitment of Assistant Executive
Engineers Division-I by Competitive Examination) Rules, 2007 – Validity thereof, to the extent it
relates to recruitment of in-service candidates – It is well settled principles of law that prescription of
qualification is within the exclusive domain of executive – No material produced by applicants to show
that action of executive in framing rules is contrary to any constitutional provisions or is patently
arbitrary – Impugned rules primarily questioned on ground that 2007 Rules do not prescribe any
SERVICE for recruitment of in-service candidates – Non-prescription of experience for direct
recruitment – Held, does not vitiate 2007 Rules – It is for legislature to regulate method recruitment,
prescribe qualification etc. – It is for Courts or Tribunals to trench upon and prescribe qualification –
When Rule making Authority does not prescribe any service for in-service candidates – It is open for
this Tribunal to prescribe some service – The impugned rules do not violate Article 14 or 16 of the
Constitution of India – Nor is it arbitrary for non-prescription of qualification or service for in service
candidates – Impugned 2007 Rules, upheld.
B. In-service – Means – All those who are in the service of the Department including probationers.
C. Classification of vacancies – Reservation – Whether contrary to Government order dated
30.3.2002 – No – Note (1) to the Government Order dated 30.3.2002 – Clearly rules out applicability
of creamy layer principle to direct recruitment prescribing service or experience as a qualification and
eligibility – In-service candidates working as Assistant Engineers have to be excluded from purview
of creamy layer concept. Otherwise it would defeat the very object of recruitment to the posts of
Assistant Executive Engineers from among in-service candidates.
D. Bifurcation of Departments - PWD and Water Resources Department – Entitlement of
candidates working in WRD, for purpose of recruitment – Entitled – Actual bifurcation of PWD &
WRD has not taken place, though both the Departments have separate Set of Cadre and Recruitment
Rules – In terms of Rules 6 of the Karnataka Public Works (Irrigation Services ) (Recruitment and
certain other Rules ) (Amendment) Rules, 1995 – Both PWD and WRD have to be treated as one
Department – Candidates working in both PWD & WRD are entitled to be considered as in-service
candidates till actual bifurcation takes place.
E. Interpretation of Statutes – Note - Notes will fill up gaps and notes to rules make explicit
what is implicit in the rules - Note found in Schedule to 2007 Rules prescribing minimum marks for
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