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

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Karnataka PSC
The learned Counsel submits that a reading of the above Rule goes to show that qualification for
recruitment from among in-service candidates is as stipulated for direct recruitment. Additional
qualification is that they should be ‘in service’ meaning the prescribed period of service is minimum of
1 day or experience of at least 1 day. The phrase ‘in service’ is itself a prescription. ‘In accordance with’
is more referable to procedure and not qualifications. There is no challenge to Recruitment Rules.
14.1He also argued that the State of Karnataka in exercise of powers conferred by Section 3 read
with Section 8 of the Karnataka State Civil Services Act, 1978 (Act 14/1990) made the 2007 Rules.
The 2007 Rules replaced the 1973 Rules. Rules 4 and 5 read as under:
14.2The learned Counsel took us through Rules 4 and 5 of the 2007 Rules, which read thus:
“4. Method of Recruitment : Recruitment under these Rules shall be made on the basis of
the results of competitive examinations conducted by the Commission. The competitive
examination shall be held on such dates and at such place as may be notified by the
Commission from time to time.
5. Age and academic qualification of candidates : Every person who has attained the age
of 21 years but not attained 40 years in the case of candidates belonging to the Scheduled
Castes/Scheduled Tribes (Cat-I:38 years in case of candidates belonging to Category
2A/2B/3A/3B; 35 years in case of any other candidates as on the last date fixed for
receipt of applications shall be eligible to apply for recruitment under these rules.
Provided that there is no maximum age limit for candidates competing under in-service
quota.
Candidates must be holder of a Degree in Civil Engineering or Construction Technology
& Management granted by a University established by Law in India and from an Institute
approved by the AICTE, or a Diploma Certificate from the Institute of Engineers (India)
that he has passed Parts A and B of the Associate Membership Examination of the
Institution of Engineers (India).
14.3He submitted that having regard to the phrase in the 2007 Rules ‘who possesses the
qualifications prescribed for direct recruitment’ the Rules have not prescribed any additional qualification
above what is prescribed for direct recruitment. There is no challenge to the 1988 Rules and, hence,
he contends, on this ground alone the Applications are liable to be dismissed. Rule 3 makes the Rules
applicable to all direct recruitments to the posts of Assistant Executive Engineers. Rule 9 speaks of list
of selected candidates. Rule 11 speaks of appointment of candidates and Rule 13 speaks of application
of General Recruitment Rules. What emerges from the above Rules is that a single select list has to be
prepared both for open market candidates and in-service candidates under Rule 9 and appointments
shall be made under Rule 11 in the order of merit as found in the select list.