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

Department or the Irrigation Department. Notwithstanding the nomenclature, the Engineers in both
the Departments are treated as part of a single service and a combined seniority list is being published
from time to time. The documents clearly show that as on today there is only one service, namely
Karnataka Public Works Engineering Department Service. Further, the decision of this Tribunal made
it clear that until bifurcation of cadres is completed, persons holding the posts in the Karnataka Irrigation
Department now known as Water Resources Department will be members of the Karnataka Public
Works Engineering Service and hold the posts in the Water Resources Department on deputation
basis. That apart, in so far as Respondent No.8 is concerned, even if his deputation to Water Resources
Department has been withdrawn, he is working in Public Works Department at the High Court of
Karnataka.
14.12 In respect of Application No.1753/2008, Mr. Rajagopal submitted that the grievance
of the Applicant Mr. H.M.T. Swamy is that based on his merit in the written examination the KPSC by
its Notification dated 13.3.2008 declared that the Applicant is eligible for personality test. He was
called for Personality Test to be held on 27.3.2008. On that day, when the Applicant appeared for the
interview, the KPSC refused to interview him but did not give any written order or Endorsement
setting out any reason. He was however orally informed that his claim cannot be considered under
Category II-A since he is working as an Assistant Engineer, he comes within the creamy layer and,
therefore, he is not eligible to claim reservation as persons belonging to Category IIA of Other
Backward Classes; that the certificate produced by him in support of his claim for reservation under
Category IIA is false since he could not have obtained the Certificate as he is holding a Group-B post
and that the Applicant having secured 271 marks as against the cut-off marks of 250 under General
Merit category, he is not eligible for Personality Test under General Merit category. He further submitted
that the Certificate issued by the Tahsildar is a statutory certificate issued by the Tahsildar by virtue of
powers conferred on him by Section 4A of the Karnataka Scheduled Castes, Scheduled Tribes and
Other Backward Classes (Reservation of Appointments etc.) Act, 1990. The said Certificate is valid
and until it is cancelled. Rule 3C(1) of the Karnataka Scheduled Castes, Scheduled Tribes and Other
Backward Classes (Reservation of Appointments etc.) Rules, 1992 states that the caste certificate
issued under Section 4A shall be valid until it is cancelled. Power to cancel the caste or income
certificate issued by the Tahsildar vests under Section 4C of the Act in the District Caste and Income
Verification Committee and in no one else. The KPSC has no power to declare on the correctness of
a certificate issued by the Tahsildar.
Karnataka PSC
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