B.P. JEEVAN REDDY - (1.) THE Judgment of the court was delivered by
(2.) LEAVE granted. Heard counsel for the parties. With a view to bring the representation of Scheduled Castes and Scheduled Tribes in certain Civil Services in the State of Karnataka to the prescribed level, the governor framed the Karnataka Civil Services (Special Recruitment of Scheduled Castes and Scheduled Tribes Candidates to Certain Group 'A' and Group 'B' Posts) Rules, 1985 (hereinafter referred to as the "Rules"). They were brought into force on 11/04/1985, the date of publication in the official Gazette. The cadres in Group 'A' and Group 'B', to which the said rules are made applicable are mentioned in the Schedule (against Serial Nos. 1 to 5 and in the lists given below the Schedule (hereinafter referred to compendiously as the Schedule) appended to the Rules. Rule 2 defines the expressions 'Board' and 'Schedule'. 'Board' means a Board constituted under Rule 4(1.
(3.) RULES 3 and 4 which constitute the core of the RULES read as follows: "3. Appointment of Scheduled Castes or Scheduled Tribes candidates to certain Group 'A' and Group 'B' posts. Notwithstanding anything contained in - (i) the Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) RULES, 1966; (ii) the Karnataka State Civil Services (Direct Recruitment by Selection) RULES, 1973; (iii) the Karnataka Civil Services (General Recruitment) RULES, 1977; (iv) the rules of recruitment specially made in respect of posts referred to in the Schedule; or 401 (v) any other rule providing for recruitment of Scheduled Castes and Scheduled Tribes, such number of eligible candidates belonging to Scheduled Castes or Scheduled Tribes as indicated in Column 3 of the Schedule who have passed the courses specified in the corresponding entries in column 2 thereof shall, subject to the availability of vacancies, be appointed every year to the posts specified in column 4 thereof in the manner provided for in these rules. 4. Selection of candidates.(1 The government shall, for the purpose of selection of candidates for appointment under these rules, constitute a Board consisting of the following members, namely: JUDGEMENT_399_SUPP2_1993Html1.htm (2 The Board shall, immediately after the end of every academic year, commencing from and including 1982-83, obtain from the Universities established by law in the State of Karnataka, the names of the Scheduled Castes and Scheduled Tribes candidates, who have studied in an educational institution in the State of Karnataka for not less than five years before passing the Pre-University Course Examination and who have passed in such academic year from such Universities any of the courses specified in column 2 of the Schedule, in first attempt securing the 1st or 2nd or 3rd positions among the Scheduled Castes and Scheduled Tribes candidates. (3 Separate lists of such candidates, in respect of each course specified in column 2 of the Schedule, shall be prepared arranging their names in the order of merit determined on the basis of marks secured in the examination passed by them in such academic year to pass such course. (4 From each of the lists prepared under sub-rule (3 in respect of courses specified at Serial Nos. 1 to 3 in the Schedule such number of candidates as is equal to the number indicated in the corresponding entries in column 3 shall be selected, in the order in which their names are arranged in the list, for appointment to the posts specified in the corresponding entries in column 4 thereof. (5(a) The candidates specified in the lists prepared in respect of courses specified at Serial Nos. 4 to 8 in the Schedule shall be called for an oral test to assess the suitability of the candidates in all respects for the posts concerned. Maximum marks for the test shall be 100. The oral test shall be conducted by the Board. 402 (b) After the test conducted under clause (a), separate lists of candidates in respect of each course specified at Serial Nos. 4 to 8 shall be prepared arranging their names in the order of merit, merit being determined on the basis of marks secured in the test. From each of such lists such number of candidates as is equal to the number indicated in the corresponding entries in column 3 shall be selected in the order in which their names appear in the lists for appointment to the posts specified in column 4: Provided that where a candidate becomes eligible for appointment to two or more alternative posts the selection shall be made on the basis of the marks secured in the test and the preference indicated by candidate in writing. (6 The names of candidates selected under sub-rules (4 and (5 shall be sent to the concerned appointing authority who shall appoint them to the concerned post." The Schedule appended to the Rules contains four columns. A look at the Schedule is necessary for a proper understanding of the procedure prescribed by Rules 3 and 4: SCHEDULE JUDGEMENT_399_SUPP2_1993Html2.htm GROUP 'A' POSTS 1. Assistant Commissioner 2. Assistant Controller of State Accounts Department 3. Commercial Tax Officer 4. Treasury Officer 5. Assistant Labour Commissioners 6. District Development Assistants 7. Deputy Superintendent of Police 8. Deputy Director of Youth Services 9. Assistant Commandants 10. Readers in Collegiate Education Department 11. Education Officers in the Department of Public Instruction 12. District Officers of Scheduled Castes/Scheduled Tribes Welfare GROUP 'B' POSTS 1. Tahsildars 2. Assistant Commercial Tax Officers 3. Labour Officers 4. Assistant Controllers of Weights and Measures 5. Assistant Director of Information and Publicity 6. Assistant Superintendent of Prisons 7. Assistant Registrars of Co operative Societies 8. Deputy Superintendent of Excise 9. Employment Officers 10. Assistant Director of Youth Services/District Youth Service Officer 11. Assistant Superintendent of Land Records 12. Chief Officer Grade-I 13. Assistant Treasury Officers 14. District Marketing Officers 15. Lecturers in Collegiate Education Department 16. Head Masters of High Schools 17. Assistant Director of Bureau of Economics and Statistics 18. Assistant Director of Industries and Commerce 404 governor of Karnataka By order and in the name of the governor of Karnataka, M.M. Naik, Joint secretary to government Department of Personnel & Administrative Reforms (Services Rules).";