- (1.)The State has preferred these petitions challenging the order passed by the Karnataka Administrative Tribunal, Bangalore (for short 'the Tribunal') which has held that exclusion of daughters-in-law, grand children, nephews and niece in the explanation to the 'member of the family' of Project Displaced Person under Rule (9)(2) of the Karnataka Civil Services (General Recruitment) (57th Amendment) Rules, 2000 (for short '57th Amendment Rules, 2000) is arbitrary, irrational and unreasonable and that the said rule requires amendment.
(2.)The daughter-in-law of Sri Doddegowda, grand son of Sri Rangegowda, daughter-in-law of Rangegowda applied for the post of primary teacher under 'YN' category pursuant to the notification issued by the fourth Respondent-DDPI. Their applications were rejected on the ground that they are not the members of the family of the Project Displaced Person. Aggrieved by the same, they preferred applications before the Tribunal challenging the validity of Rule 9(2) of 57th Amendment Rule, 2000 contending that it is arbitrary and violative of Article 14 of the Constitution of India. The Tribunal has upheld their contention. Aggrieved by the same, State is before this Court.
(3.)Annexure-A1 is the notification dated 23-11-2000 in respect of the Karnataka Civil Services (General Recruitment) (57th Amendment) Rules, 2000. Explanation 2 of Rule 9 Rules reads as under:
(2) 'members of the family' in relation to a project displaced person means the family of the project displaced person consisting of such person and his or her spouse, sons. unmarried daughters, brothers and sisters residing with him and dependent on him for their livelihood.

Therefore, though daughter-in-laws and grand children are residing as members of the family, as they were not included in the definition of 'members of the family' they are not entitled to appointment under "YN' category (Yojana Nirashritaru ? Project Displaced person). In fact, after the order of the Tribunal holding that the said provision as offending Article 14 of the Constitution, it suggested to the Government to carry out the requisite amendment. It is in pursuance of the suggestion, the Government has issued a notification dated 30-3-2010 amending the said explanation-2 which reads as under:

Amendment of Rule 9: In the Karnataka Civil Services (General Recruitment) Rules, 1977, in Rule 9 in Sub-rule (1AA) under the explanation in Clause (ii) for the words "brothers and sisters", the words "brothers, sisters, grand son, unmarried grand daughter, daughter-in-law, widowed daughter and widowed grand daughter' shall be inserted.

With the said amendment, grand son, unmarried grand daughter, daughter-in-law, widowed daughter, granddaughter are included in the definition of the family.