JUDGEMENT
RASTOGI,J. -
(1.) The instant appeal is directed against the judgment passed by the Division Bench of the High Court of Karnataka dated 1 st
February, 2019 directing the appellantCorporation to consider the
claim of 1st respondent taking note of the work experience certificate
for appointment in accordance with law with a caveat that the order
has been passed in the peculiar facts and circumstances of the case
and shall not be treated as a precedent.
(2.) The brief facts of the case in nutshell relevant for the purpose are that the appellantCorporation invited applications for various
posts against the backlog vacancies including two vacancies of
Senior Assistant and ten vacancies of Junior Assistant pursuant to
an advertisement dated 11th November, 2013. Apart from the
academic and professional qualifications, the applicant was
required to furnish a certificate of work experience of 3 years/2
years in a reputed company for the post of Senior Assistant/Junior
Assistant. It was further indicated in the advertisement that
separate application has to be furnished for each post and
incomplete application shall be rejected without assigning any
reasons. The 1st respondent applied for both the posts, i.e. Senior
Assistant and Junior Assistant on a separate application, and
indeed was holding academic/professional qualification but it
reveals from the record that she had not enclosed the experience
certificate of the requisite period along with the application form
which was required at the time of submitting the application.
(3.) The select list of the candidates was to be prepared in terms of Rule 6 of the Karnataka State Civil Services(Unfilled Vacancies
reserved for the persons belonging to the Scheduled Castes and
Scheduled Tribes) (Special Recruitment) Rules, 2001(hereinafter
being referred to as "Rules") based on the percentage of marks
secured by the candidate in the qualification examination taking
into consideration the reservation for women, exservicemen,
physically handicapped and project displaced persons in
accordance with the Karnataka Civil Services (General Recruitment)
Rules, 1977.;
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