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

candidates for whom the benefit of Rule 6(3)(b) is applicable shall be deemed to have been enhanced
to 50 years. It is not disputed nor can it be disputed that the Karnataka Small Industries Marketing
Corporation Limited is owned and controlled by the State Government. The Applicant has worked
there for 12 years and 2 months. Therefore, he is entitled for the benefit of 10 years under Rule
6(3)(b) of the General Recruitment Rules. Further, Rule 13 of the Competitive Examination Rules
does not contain any non-obstante clause. So also Rule 5 thereof prescribing the age limit. Therefore,
the provisions of Rule 6(3)(b) of the General Recruitment Rules apply to the case of the Applicant.
For these reasons, he prays for dismissal of the Applications.
15. SUBMISSIONS OF PROF. RAVIVARMA KUMAR, SENIOR COUNSEL,
APPEARING FOR RESPONDENTS NO.3 TO 8 IN APPLICATION NO.1400/2008
15.1The Application is liable to be dismissed in limine for the following three reasons:
(1) ACQUIESCENCE : The Applicant is a fence sitter. Having made an application in response to
the Notification, after having participated in the selection process and after coming to know that he has
failed in the selection it is not open to him to turn around and question the selection process.
(2) PREMATURE : No select list has been published and the rights of the parties are yet to be
decided. Therefore, the Application is premature.
(3) LOCUS STANDI : While submitting application to the KPSC, the Applicant has declared that
he comes under the General Merit Category and not under any reserved category. He has also produced
a certificate wherein he is certified to be a Creamy Layer in General Merit Category. The said Certificate
is issued under the Government Order dated 30.1.1995 and not under the Government Order dated
30.3.2002. The Applicant having not claimed the status of a Backward Class person and having not
questioned the certificate issued to him, he has no locus standi to question the claims of the Respondents.
15.2The Cadre & Recruitment Rules of the PWD came into force on 17.8.1989. Rule 2 thereof
prescribes the method of recruitment, minimum qualification. The post of AEE is to be filled up both
by direct recruitment and on promotion. The qualifications prescribed for direct recruitment to the
post of AEE itself does not prescribe any qualifying service for recruitment. Therefore, the 2007 Rules
did not prescribe any qualification. It is for the Government to prescribe any qualification of eligibility.
In the instant case, the Government with a view to provide an incentive to in-service candidates has
not prescribed any minimum service.
Karnataka PSC
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