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Karnataka High Court · body

1978 DIGILAW 111 (KAR)

NARASIMHA MURTHY G. v. STATE OF KARNATAKA

1978-04-17

M.RAMA JOIS

body1978
( 1 ) THE petitioner is an Assistant Lecturer in the Department of Technical education of the State Government. He has challenged in this writ petition the selection oi respondents by the Karnataka Public Service commission as Head of Section in letter press in the Dept of Technical education and an order of appointment ixssued by the State Govt on 17-11-1977 (Ext. E) pursuant to the said selection. The case of the petitioner is that he was also an applicant before the Public Service Commission having submitted his application in accordance with the rules in time and the same was not considered. When he approached the PSC asking them why his case was not considered for appointment to the post of Head of section in letter press, an endorsement d/. 6-7-77 (Ext. C) was issued to the petitioner, which reads as follows :". . . . With reference to his representation d/ 9-6-77 Sri G. Narasimha Murthy is hereby informed that his application for the post of head of Section in Letter Press has been rejected as he does not posaess the complete experience prescribed for the post and interview for the post w'as held on 13-5-1977. Further the date of interview for the post of Principal in the School of Printing Technology has yet to be fixed. Sd/- for Secretary, Karnataka Public Service Commission. "as can be seen from the endorsement, the PSC has rejected the application of the petitioner on the ground that he does not possess the qualification prescribed under the rules. ( 2 ) THE contention of the petitioner in this writ petition is that he has got all the qualifications prescribed under the Recruitment Rules of the dept for appointment to the post of Head of Section in letter press by direct recruitment and on the other hand, respondent-3, who has been selected by the PSC, does not posesss the prescribed qualification. He has contended that the PSC has rejected his application though he is fully qualified and selected respondent-3 who did not possess the qualification p escribed under the rules. ( 3 ) THE petitioner is a diploma holder in printing technology. He was appointed as a demonstrator in printing technology on 12-10-60. The post of demonstrator was re-designated as Asst Lecturer later. The petitioner has also been promoted as Lecturer on 4-1-76. ( 3 ) THE petitioner is a diploma holder in printing technology. He was appointed as a demonstrator in printing technology on 12-10-60. The post of demonstrator was re-designated as Asst Lecturer later. The petitioner has also been promoted as Lecturer on 4-1-76. Respondent-3 also holds diploma in printing technology, issued by the Dept of Technical education in the year 1962. He joined service as senior instructor in printing technology on 10-1-69 in certified schools in the Dept of Women and children Welfare. ( 4 ) ACCORDING to the Cadre and Recruitment Rules, the qualification prescribed for direct cecruitment for the post of Head of Section in letter press is as follows :" For direct recruitment; (A) Technical -A diploma in printing technology (letter press) (printing technology of S. J. Polytechnic, bangalore, awarded by the Board of Technical Examinations, Karnataka state or any other qualification recognised by the State Govt as equivalent thereto. (B) Experience : Should possess not less than 8 years professional experience in the field of printing technology (letter press) after obaining the Diploma, out of which not less than 3 years in teaching the subject concerned. . . . . " ( 5 ) IT is not disputed that the petitioner possesses diploma in pointing technology. He has the professional experience of more than 8 years as he has been appointed as demonstrator in printing technology as early as on 12-10-60. It is the case of the petitioner that throughout from the date of appointment, he has been teaching the special subject of letter press in printing technology. Therefore, the view taken by the PSC that the petitioner is not qualified is patently contrary to the qualification prescribed under the recruitment rules. ( 6 ) AS regards respondent-3, he has 8 years professional experience as he had been appointed as senior instructor in printing on 10-1-69, which is not in dispute. The learned Counsel for the petitioner submitted that respondent-3 has no professional experience of teaching letter press technology for a period of three years, which is the concerned subject for which Head of Section was proposed to be appointed. The learned Counsel for the petitioner submitted that respondent-3 has no professional experience of teaching letter press technology for a period of three years, which is the concerned subject for which Head of Section was proposed to be appointed. ( 7 ) IN view of my conclusion that the petitioner does possess the qualification and non-consideration of his case vitiates the selection of respondent-3, it is unnecessary for me to express any opinion on the question whether respondent-3 possesses the prescribed qualification of three years' professional experience in teaching special subject namely, letter press technology or not. It is proper that the PSC itself should decide the said question. The non-consideration of the case of the petitioner, though he possesses the prescribed qualification, has resulted. in clear infraction of his fundamental right guaranteed under cl (1) of Art. 16 of the constitution. Consequently, the appointment of respondent-3 which is made without considering the case of the petitioner is also liable to be set aside for the said reason. ( 8 ) FOR the aforesaid reasons, rule is made absolute and the impugned. notification d/ 17-11-77 appointing respondent-3 as Head of Section in letter press in the Dept of technical education, is quashed. The second respondent is directed to consider the case of the petitioner for selection to the post of Head of Section in letter press along with the case of respondent-3, if it comes to the conclusion that respondent-3 has the necessary eligibility. If the Public Service Commission finds respondent-3 not eligible, then the case of the petitioner alone shall be considered for selection for appointment to the said post. No costs. --- *** --- .