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Karnataka High Court · body

1973 DIGILAW 174 (KAR)

L. SRINIVASAN v. MYSORE PUBLIC SERVICE COMMISSION

1973-07-30

V.S.MALIMATH

body1973
( 1 ) THE petitioners in these writ petitions have challenged the selection made by the first respondent, Mysore Public Service Commission, in their two notifications dt. December 2, 1972, produced in the case at Exts. B and c, by which 99 candidates have been selected as Lecturers in various subjects and 101 cadidates have been selected as Demonstrators in various subjects in the department of Collegiate Education (non-Gazetted Class iii), as illegal and invalid, and have further prayed for the issue of a writ in the natuie of mandamus dii acting the first respondent to make selection by adhering to the order of Reservation of posts in favour of Sche duled Castes, Scheduled Tribes and other Backward Classes in respect of each subject separately. ( 2 ) THE Mysore Public Service Commission, by its notification dated april 22, 1972, published in the Mysore Gazette dt. April 27, 1972, (produced in the case as Ext A), called for applications for recruitment to 99 posts of Lecturers and 101 posts of Demostrators in various subjects. The notification gives the number ond particular of posts for which applications were called for. It is clear from the said notication that 99 posts of lecturers carried the scale of pay of Rs. 300-25-550-EB-30-700 and the minimum qualification prescribed for the post was Second Class Master's degree of a University established by law. The split up of the 99 posts subject-wise is given as follows : ( 3 ) THE first petitioner holds an M. Sc. Degree in Chemistry; Second petitioner holds an M. Sc. Degree in Botany; the third petitioner holds an M. Sc. Degree in Zoology and the fourth petitioner holds an M. Sc. Degree in Physics. The petitioners had applied for the posts of Lecturers in the Subjects of Chemistry. Botany, Zoology and Physics respectively. ( 4 ) ON December 2, 1972, the first respondent published a list of candidates selected for appointment to the posts of lecturers in various subjects as well as a list of candidates selected for the post of Demonstrators in various subjects. Respondents 3 to S7 and 199 to 202 were included in the list of candidates selected for the posts of Lecturers and respondents 98 to 198 were included in the list of candidates selected for the posts of Demonstrators in various subjects. Respondents 3 to S7 and 199 to 202 were included in the list of candidates selected for the posts of Lecturers and respondents 98 to 198 were included in the list of candidates selected for the posts of Demonstrators in various subjects. ( 5 ) THE principal contention of Shri Rama Jois the learned Counsel for the petitioners is that lh,e first respondent has committed an apparent illegality when it proceeded to make selection treating all the 99 posts of lecturers as one unit and all the 101 posts of Demonstrators as another unit. It was submitted that as the Public Service Commission was required to make selection for appointment to the posts of Lecturers and Demonstrators in different subjects, selection was required to be made on subject-wise basis and that the orders of reservation in respect of the members of the Backward Classes, Scheduled Castes and Scheduled Tribes issued by the State Government was also required to be given effect to accordingly and not by treating all the posts of Lecturers in different subjects as one unit and all the posts of Demonstrators in different subjects as one unit. It was submitted that because the first respondent made this initial mistake that the entire process of selection is required to be declared as illegal and invalid. ( 6 ) THOUGH the selection was made by treating all the 99 posts of lecturers as one unit and also by treating all the 101 posts of Demonstrators as another unit, the two impugned notifications clearly indicate that selection of candidates was made for their being appointed as Lecturers and Demostrators in particular subject regard being had to the possession of qualifying examinations by the candidates. ( 7 ) THE Mysore Educational Department Services (College and Education department) Recruitment Rules, 1964, regulate the recruitment to the posts of Lecturers and Demonstrators among others. Items No. 9 and 10 of these rules which pertain to Lecturers and Demonstrators reads : (1) Category of Post-9 Lecturers. (2) Method of Recruitment-75 per cent by direct recruitment. 25 per cent by promotion of Demonstrators and Tutors subject to their possessing a III Class Master's Degree in respective subjects. (3) Minimum qualification and period of Probation-For direct recruitment I or II Class Master's, Degree. Age relaxable upto 33 years in case of persons with teaching experience. No age limit in case of Government servants in service. 25 per cent by promotion of Demonstrators and Tutors subject to their possessing a III Class Master's Degree in respective subjects. (3) Minimum qualification and period of Probation-For direct recruitment I or II Class Master's, Degree. Age relaxable upto 33 years in case of persons with teaching experience. No age limit in case of Government servants in service. (1a) Category of Post-10 Demonstrators and Tutors. (2a) Method of Recruitment-By direct recruitment. (3a) Minimum qualification and period of Probation-For directrecruitment a Second Class B. A. , B. Sc. in the optional group m. A. and M. Sc. being preferred. Age relaxable upto 33 years in case of persons with teaching experience. No age restrictions in the case of Government servants in Government service. ( 8 ) FOR direct recruitment of Lecturers the minimum educational qualification is I cr II Class Master's Degree. There cannot be any doubt that the Master's Degree reierred to therein has to be in the concerned subject which the Lecturer appointed is required to teach. There is some indication to that effect in the second column pertaining to method of recruitment which states " 23 percent by promotion of Demonstrators and tutors subject to their possessing a III Class Master's Degree in respective subjects". If for recruitment by promotion a candidate has to possess a degree in the respective subject, it docs not stand to reason that for the purpose of direct recruitment a candidate nred not possess Master's Degree in the respective subject which he is required to teach. Having regard to the context and having regard to the fact that the Lecturers in Colleges have to teach the respective subjects assigned to them, it is obvious that they should possess special knowledge in the subjects which they are appointed to teach. Though it is not expressly stated in Column 3 that the candidate should possess first class or second class Master's Degree in the concerned subject, it is obvious that that recruitment is implicit and implied. ( 9 ) FROM the Cadre and Recruitment Rules it is clear that for recruitment to the post of Lecturer in a particular subject, a candidate in order to be eligible, has to possess a First or Second Class Master's Degree in that particular subject. ( 9 ) FROM the Cadre and Recruitment Rules it is clear that for recruitment to the post of Lecturer in a particular subject, a candidate in order to be eligible, has to possess a First or Second Class Master's Degree in that particular subject. When the Public Service Commission is required to make selection for appointment to the post of Lecturer in a particular subject, its duty obviously is to select the best qualified persons in the subject for the post. Obviously, the Public Service Commission has necessarily to confine, its attention, while making the selection ior appointment of Lecturer in a particular subject, to candidate holding First or Second class Master's Degree in that particular subject. For example, for the purpose of selection to the post of Lecturer in English, only candidates who are holders of First or Second Class Master's Degree in English would be eligible, under the Cadre and Recruitment Rules and it is only such candidates that could be invited for interview and selection by the public Service Commission. For the purpose of recruitment to the post of lecturer in English the Public Service Commission obviously cannot resort to comparison of merits between candidates possessing First or second Class Master's Degree in English, and those possessing qualification of Master's Degree in History, Geography, Urdu or Sociology. In the very nature of things, the process of selection has to be restricted to candidates possessing the prescribed qualification for the post. But what has been done in this case is to treat the posts of Lecturers in various subjects as one unit for the, purpose of selection. Similar procedure has been adopted for selecting Demonstrators in various subjects. ( 10 ) THE order of the State Government dt. 6th September 1969 published in the Mysore Gazette Dt. September 18, 1969 (as amended from time to time) has also been given effect to by the Public Service Commission, by treating all the posts of Lecturers as one unit and those of Demonstrators as another unit. ( 10 ) THE order of the State Government dt. 6th September 1969 published in the Mysore Gazette Dt. September 18, 1969 (as amended from time to time) has also been given effect to by the Public Service Commission, by treating all the posts of Lecturers as one unit and those of Demonstrators as another unit. As a result of treating the posts of Lecturers in the different subjects as one unit, and the posts ot Demonstrators in different subjects as another unit the order of the State Government dated 6th september 1969 regarding reservation of posts for persons belonging to scheduled Castes, Scheduled Tribes and Backward Classes has not been properly implemented and consequently there is excessive reservation in regard to some posts and no reservation at all in regard to other posts. For example, there are 20 posts of Lecturers in English for which candidates have been selected by the Public Service Commission. All the 20 posts of english Lecturers have been filled up by open competition and no reservation is made in favour of candidates belonging to Scheduled Castes, scheduled Tribes and Backward Classes. There are 7 posts of Chemistry lecturers all of which have been filled up by selecting candidates from the backward classes and not a single candidate has been selected as Chemistry lecturer either from the open competition or from amongst Scheduled tribes and Scheduled Castes candidates. These two instances are taken only to illustrate how the order of State Government dt. 6th September 1969 regarding the reservation of posts has not been properly implemented. What the Public Service Commission has done by treating all the posts of Lecturers as one unit is to select out 6f the 99 posts of lecturers available, 54 candidates by open competition, 29 candidates from members of Backward Classes. 15 candidates from members of the scheduled Castes, and 1 candidate from members of the Scheduled Tribes. What the Public Service Commission has done by treating all the posts of Lecturers as one unit is to select out 6f the 99 posts of lecturers available, 54 candidates by open competition, 29 candidates from members of Backward Classes. 15 candidates from members of the scheduled Castes, and 1 candidate from members of the Scheduled Tribes. The reservation not having been made on subject-wise basis, there is no reservation at all for either backward classes, scheduled castes or scheduled tribes in the case of English Lecturers and there is excessive reservation in favour of backward classes so far as Chemistry Lecturers are concerned, no candidate having been selected from open competition or from among members belonging to scheduled castes or scheduled tribes, ( 11 ) SIMILAR procedure has been followed in the matter of selection of Demonstrators which has resulted in similar infirmities. ( 12 ) THUS the procedure followed by the Public Service Commission has in my opinion, resulted not only in the contravention of the Cadre and recruitment Rules but also in the contravention of the State Government order dt. 6th September 1969 in the matter of reservation of posts for members of backward classes, scheduled castes and scheduled tribes. Having regard to the Cadre and Recruitment Rules arid the order of the state Government dt. September 6, 1969, regarding reservation of posts, what the first respondent (Public Service Commission) should have done in this cas,e was to make selection to the posts of Lecturers and Demonstrators subject-wise and not by treating all the posts of Lecturers as one unit and all the posts of Demonstrators as another unit. The Public Service commission should have prepared a list of eligible candidates for the purpose of interview in accordance with Rule 5 of the Mysore State Civil services (Direct Recruitment by Selection) Rules, 1967, treating the posts of Lecturers and Demonstrators subject-wise as separate units. The scrutiny for selection for interview and the assessment of relative merit by the first respondent (Public Service Commission) ought to have been made treating the posts of Lecturers and Demonstrators as separate units subject-wise. As this procedure has not been followed the entire selection by the Public Service Commission to the posts of Lecturers and Demonstrators made by the impugned notifications dt. December 2, 1972 produced in the case as Exts. As this procedure has not been followed the entire selection by the Public Service Commission to the posts of Lecturers and Demonstrators made by the impugned notifications dt. December 2, 1972 produced in the case as Exts. B and C have to be struck down as being illegal and invalid. ( 13 ) AS the entire process of selection, right from the stage of preparation of the list of eligible candidates for interview, has not been made in accordance with law, a writ in the nature of mandamus has to be issued directing Respondent 1 (Mysore Public Service Commission) to make fresh selection proceeding from the stage of preparation of list of eligible candidates for interview as provided by Rule 5 of the Mysore State Civil services (Direct Recruitment by Selection) Rules, 1967, and it is ordered accordingly. No costs. --- *** --- .