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

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selected and their names figure in the provisional select list.
5.6 In the instant case, the particular qualification for an in-service candidate is that he must belong
to and borne on the establishment of PWD. Respondents No.3 to 8 do not satisfy the said requirement.
Hence, their selection is contrary to the law laid down by the Supreme Court in the case of DISTRICT
COLLECTOR AND CHAIRMAN, VIZIANAGARAM SOCIAL WELFARE RESIDENTIAL
SCHOOL ASSOCIATION, VIZIANAGARAM AND OTHERS v. M.TRIPURASUNDARI DEVI,
reported in (1990) 3 SCC 655. In that case, the Supreme Court has held thus:
“It must further be realized by all concerned that when an advertisement mentions a
particular qualification and appointment is made in disregard of the same, it is not a matter
only between the appointing authority and the appointees concerned. The aggrieved are
those who had similar or even better qualification than the appointee or appointees, who
had not applied for the post because they did not possess the qualification mentioned in
the advertisement. It amounts to a fraud on public to appoint persons with inferior
qualification. In such circumstances, unless it is clearly stated that the qualifications are
relaxable, no Court should be a party to the perpetuation of the fraudulent practice.”
5.7 The procedure adopted by the KPSC in the conduct of the examination suffers from arbitrariness
and discrimination. For example, the Applicant in Application No.1570/2008 submitted his application
to the KPSC as a General Merit candidate in view of the certificate issued by the Tahsildar that he
belongs to Creamy Layer, even though the Applicant belongs to Category 3A. As can be seen from
the cut-off marks released by the KPSC who are eligible for the personality test on 13.3.2008, the
cut-off marks in the category of General Merit in-service candidates is 280, while that of Category 3A
is mere 27. This would demonstrate that the Applicant who has secured 267 marks has been deprived
of the benefit of reservation under Category 3A and, consequently, to appear for the personality test.
Hence, the entire procedure adopted by the KPSC in the conduct of the examination suffers from
arbitrariness and discrimination. Rule 8 of the 2007 Rules deals with candidates to be called for
Personality Test and the same reads thus:
Karnataka PSC
“Based on the merit in the written examination, the candidates shall be required to appear
before the Commission for the personality test in the ratio of 1:5 (Vacancy:Candidate) in
each category of reservations.”
The mandate of this Rule has been violated by the KPSC while issuing call letters for Personality
Test as could be gathered from the cut-off marks published by the KPSC. The interview call letters
have been issued on the basis of marks obtained by a candidate under General Merit category