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

576
Karnataka PSC
contended that the contention of the Applicant that the marks obtained in Kannada and English papers
be added is without any basis and the scheme of the Examination does not provide for considering the
marks obtained in the said papers for determining the merit.
Since we have held that the concept of Creamy Layer is not applicable to the present recruitment,
the KPSC has to consider the claim of the Applicant depending upon the category under which the
KPSC finds the Application of the Applicant in order.
27.3APPLICATION NO.1792/2008 : The Applicant has prayed for a direction to the concerned
Tahsildar to consider his application dated 21.5.2007 and to issue Certificate to the effect that he
belongs to Category II-A of Backward Classes in terms of Government Order dated 30.3.2002 and
also a direction to the KPSC to call the Applicant for the Personality Test. The case of the KPSC is
that the Applicant has secured 231 marks and since the cut-off marks for General Merit is 280 marks,
the Applicant was not called for the Personality Test and that since the Applicant is working as a
Group-B Officer, he comes under the Creamy Layer. It is also contended that the contention of the
Applicant that he has secured 358 marks including the marks obtained in Kannada and English
Compulsory Papers cannot be accepted as the scheme of the Examination does not provide for
including the marks obtained in the Compulsory Papers.
In view of our decision that the concept of Creamy Layer is not applicable to the present recruitment,
the KPSC has to consider the claim of the Applicant, if the Applicant’s claim under Category II-A is
in order in terms of the Rules and Government Orders on the subject.
27.4APPLICATION NO.1794/2008 : The Applicant has prayed for a direction to the KPSC
not to ignore his claim for selection under Category II-A. The defence of the KPSC is that even
though the Applicant has secured 263 marks, he is not entitled to claim reservation under Category
IIA in view of the Government Order dated 30.3.2002. It is also contended that since scheme of the
Examination does not provide for including the marks obtained in the Compulsory Papers, the request
of the Applicant to include the marks obtained in the said papers cannot be considered.
Since we have held that the concept of Creamy Layer is not applicable to the present recruitment,
the KPSC has to consider the claim of the Applicant under Category II-A, if the Applicant ulfils the
conditions for claiming such reservation in accordance with law.