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

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Karnataka PSC
10. SUBMISSIONS OF MR. M.NARAYANASWAMY, LEARNED SENIOR COUNSEL
FOR SOME OF THE APPLICANTS IN PART-I APPLICATIONS:
10.1Neither the Notification nor the 2007 Rules define who is an “in-service candidate”. It is a
broad term which includes even a probationer and also a person who is about to retire. A person who
has joined service is equated to a person who has put in more number of years of service. By not
prescribing the minimum service, the field is enlarged because a probationer can also apply. In-service
candidates are also eligible to apply through open competition quota. Therefore, the 2007 Rules or
the Notification should have prescribed some minimum service for in-service candidates.
10.2The 2007 Rules relate to the PWD and they apply to direct recruitment to the category of
posts of AEE in PWD. The Notification dated 17.7.2007 also clearly states that the competitive
examination is open only to those working in the PWD. Even the application prescribed to be filled up
by candidates, namely Column No.2 also discloses that it is applicable to in-service candidates belonging
to PWD. However, contrary to the 2007 Rules, applications from candidates belonging to WRD are
considered for selection enlarging the field of consideration for selection. Such enlargement of the
field of consideration is clearly arbitrary, unjust, illegal and without the authority of law.
10.3As per Rule 8 of the 2007 Rules, it becomes clear that the rules and orders in force relating to
reservation of posts for Scheduled Castes, Scheduled Tribes, Other Backward Classes and Others is
applicable to the selection under the 2007 Rules. Government Order dated 30.3.2002 lays down
new comprehensive creamy layer reservation policy which is in force is thus applicable to the selection
under the Rules. As far as in-service candidates in Groups A and B cadre of the State Government
drawing salary of not less than that of a Group-B Officer (Rs.6000 – 11200) come under the category
of creamy layer and are excluded for reservation of seats/posts categorized under II-A, II-B, III-A
and III-B. However, as far as those Officers drawing Group-B scale of Rs.5000-11200 are entitled
to reservation and will be outside the creamy layer policy laid down under Government Order dated
30.3.2002, provided the advertisement for direct recruitment to posts insist on a prescribed period of
service in a lower post or qualification or eligibility. As per Rule-8 of the 2007 Rules, the Applicant
who is an in-service candidate and who is entitled to application of Government Order dated 30.3.2002
is deprived of the benefit of reservation provided for OBC category, since no minimum period of
service in a lower post or experience in a post is prescribed either under the 2007 Rules or under the
Advertisement. As per the intendment of the 2007 Rules, it is but eligibility for prescription of minimum