STATE OF KARNATAKA, HOME DEPARTMENT, BANGALORE v. K. SRINIVASULU
2003-08-07
R.V.RAVEENDRAN, S.ABDUL NAZEER
body2003
DigiLaw.ai
RAVEENDRAN, J. ( 1 ) ALL these petitions are filed challenging the common order dated 21-4-2003 of Karnataka Administrative Tribunal in Application Nos. 13785-790, 14319,14413,14414, 14471, 14562-564, and 14851/ 2002. They are therefore heard together and disposed of by this common order. WP Nos 26748. 26906-918/2003: the respondents 1 to 14 herein were respectively the applicants in Application Nos. 13785 to 13790, 14319, 14413,14414,14471, 14562-564 and 14851 of 2002 on the file of the Karnataka administrative Tribunal. Petitioners 1 to 3 were respondents in application Nos. 13785 to 790/2002; petitioners 4, 5 and 2 were respondents in Application No. 14319/2002; petitioners 6,1,7 and 2 were respondents in Application No. 14413, 14414 and 14851/2002; and petitioners 1 and 2 were respondents in Application Nos. 14562- 14564 and 14471/2002. The petitioners are State of Karnataka, police Sub-Inspectors Recruitment Committee, DG and IG of Police and Director of Sainik Welfare and Resettlement. WP Nos 24568-572. 26028-3. 27505-516,26775,27550,27845- 50 Of 2003: the petitioners in these petitions were not parties to the said applications before the Tribunal. They have filed these petitions, being aggrieved by the order of the Tribunal. The applicants and respondents in the applications before Tribunal are the respondents in these petitions. W. P. No 30173/2003: the applicant and respondents in Application No. 14319/2002 are the petitioner and respondents in this petition. ( 2 ) THE Police Sub-Inspectors Recruitment Committee ('recruitment. Committee' for short) issued a notification dated 04. 09. 2002, inviting applications for recruitment of 324 Police Sub- inspectors (Civil) and 36 In-service Police Sub-Inspectors (Civil ). The notification stated that the selection/appointment to the said posts will be made in accordance with Karnataka State Police service including Ministerial Service (Recruitment) Rules, 1994 read with KCS (General Recruitment) Rules 1977 and KCS (Direct recruitment by Selection) Rules 1973. For convenience the said rules will henceforth be referred to as the 'recruitment Rules', the 'general Recruitment Rules' and the 'selection Rules'. Entry 10 of the Schedule to the Recruitment Rules prescribed the method of recruitment and minimum qualifications for the posts of PSIs. Out of the 324 notified posts, 162 posts were reserved for "schedule castes, Schedule Tribes and other. backward classes [categories I, ii (A), ll (a), lll (a) and lll (b)], the remaining 162 posts being General merit posts. Out of the 324 posts, 29 posts were reserved for Ex- servicemen, by way of horizontal compartmental reservation.
Out of the 324 notified posts, 162 posts were reserved for "schedule castes, Schedule Tribes and other. backward classes [categories I, ii (A), ll (a), lll (a) and lll (b)], the remaining 162 posts being General merit posts. Out of the 324 posts, 29 posts were reserved for Ex- servicemen, by way of horizontal compartmental reservation. The term 'ex-serviceman' is not defined in the Recruitment Rules. The recruitment notification classified that the term Ex-serviceman' shall have the same meaning as defined in the relevant rules in force. 2. 1) Such reservation in favour of Ex-servicemen is in pursuance of Rule 9 of the General Recruitment Rules which provides thus: "9 (1) Notwithstanding anything continued in the rules of recruitment specially made in respect of any service or post, if in such rules of recruitment direct recruitment is prescribed as one of the methods of recruitment, [ten percent of the vacancies set apart for the method in each of the categories of general merit, Scheduled Castes and Scheduled Tribes and in each of the categories among other backward classes shall be reserved for, and] shall be filled by direct recruitment from among ex- servicemen and members of the families of persons who, while serving in the Armed Forces of the Union, were either killed or permanently disabled. "2. 2) The term 'ex-serviceman' is defined in Rule 2 (1) (i) of the general Recruitment Rules.
"2. 2) The term 'ex-serviceman' is defined in Rule 2 (1) (i) of the general Recruitment Rules. The relevant portion of the said Rule extracted below: "ex-serviceman" means a person, who has served in any rank (whether as a combatant or as a non combatant) in the regular a army, Navy and Air Forces of the Union but does not include a person who has served in the Defence Security Corps, the General reserved Engineering Force, the Lok Sahayak Sena and the Para military Forces; and (a) who has retired from such service after earning his person: or (b) who has been released from such service on medical grounds attributable to military service or circumstances beyond his control and awarded medical or other disability person; or (c) who has been released otherwise than on his own request from such service as a result of reduction in establishment; or (d) who has been released from such service after completing the specific period of engagement otherwise that at his own request or by way of dismissal or discharge on account of misconduct or inefficiency and has been given a gratuity. "2. 3) The Recruitment Rules and the Recruitment Notification prescribed the minimum and maximum age limit of the candidates, as follows: "age Limit: Not withstanding anything contained in Rule 6 (2- a) of the Karnataka Civil Services (General Recruitment) Rules 1977, must have attained the age of 21 years and not attained the age of: (i) 26 years in case of persons belonging to Schedule caste, Scheduled Tribes and other Backward classes, (ii) 24 years in case of any other person, on the last date fixed for receipt of application. Provided that in case of candidate who is an Ex-Serviceman, discharged from service by reason of demobilization, retrenchment or retirement, age shall be relaxed by number of years of military service rendered by him or up to the maximum age of 27 years, whichever is less,"2. 4) The Recruitment Rules and the Recruitment Notification also prescribed, in addition to the age limit, three other eligibility, conditions, namely (i) Educational qualification; (ii) Physical Standard and (iii) Physical Efficiency Test. The educational qualification prescribed was degree from a recognised University. The physical standards prescribed related to (a) height and chest Girth (b) vision, (c) hearing and (d) physical disqualifications.
The educational qualification prescribed was degree from a recognised University. The physical standards prescribed related to (a) height and chest Girth (b) vision, (c) hearing and (d) physical disqualifications. The physical efficiency tests prescribed to test the physical fitness, stamina and courage, were as follows (one star standard):