KARNATAKA PUBLIC SERVICE COMMISSION Vs. T BISSEGOWDA
LAWS(SC)-1994-5-84
SUPREME COURT OF INDIA
Decided on May 05,1994

KARNATAKA PUBLIC SERVICE COMMISSION Appellant
VERSUS
T Bissegowda Respondents

JUDGEMENT

- (1.)Leave granted.
(2.)The respondents had applied for the direct recruitment posts of Assistant Executive Engineers. They admittedly belonged to reserved 'b' category of backward classes. When they applied for direct recruitment as in-service candidates, as per government order in vogue, at the relevant time, income limit was Rs. 10,000. 00 from all sources including the income drawn by the respondents. Since the applicants' parents were also in service, their income from all sources and of the applicants exceeded Rs. 10,000. 00. But on 12/12/1986, government issued another GO, realising that imposition of the condition relating to income from all sources to in-service candidates belonging to backward classes would, in fact, amount to depriving them of the right to apply for direct recruitment posts. Consequently, they issued the order deleting the pay and allowances arising out ofnos.-ofdrawn by an in-service candidate, in computation of annual income of rs 10,000. Consequently, the respondents became eligible to be considered for recruitment as reserved 'b' candidates.
(3.)At the time of interview of the candidates, they were called upon to submit their revised statement of income pursuant to which the respondents submitted their revised family income certificates together with self-attested copies of certificates of income as provided for in the Rules. The public service commission rejected their claims as backward class 'b' on the ground of defective attestation as that the attestation not being in accordance with. the Rules. Respondents challenged their non-inclusion in the list as reserved candidates. tribunal found that the exclusion of candidates on a technical ground was illegal and there was, in fact, substantial compliance of the requirement of attestation. The tribunal in its own full bench judgment dated 29/3/1993 allowed such application. Thus this appeal by special leave.
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