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Karnataka High Court · body

2015 DIGILAW 23 (KAR)

Gangotri v. State of Karnataka Department of Cooperation

2015-01-05

L.NARAYANA SWAMY

body2015
ORDER The petitioners have submitted their applications in response to the Notification Annexure-D dated 3rd August 2012 as per Annexure-D for considering their claim in reservation category for the posts of FDA, SDA etc. The learned counsel appearing for the petitioners submits that all the petitioners are eligible and qualified for consideration to the said posts. The Notification has been challenged with reference to notification called the Karnataka Public Employment (Reservation in appointment for Hyderabad Karnataka Region) Order, 2013 dated 16th November 2013 issued by Government of Karnataka which states that reservations have to be made as per the said Order only. On coming into force of the said notification, the respondents should have issued necessary orders for classification and reservation of posts for the purpose of Article 371(J) of the Constitution of India. To fortify his submission, the learned counsel referred to Section 3 of the Act, which, according to him, contemplates that all the process of selection to be intercepted by virtue of Government Order dated 16th November 2013. He also submits that this order has got overriding effect on all the Acts, Rules, Regulations, bylaws, etc. 2. Per contra, the learned Counsel for the respondent submits to dismiss these petitions. He submits that the Notification dated 16th November 2013 is applicable only to the Civil Services or Civil Posts under the State Government in the Hyderabad-Karnataka Region or in Local Authority or Body or Organisation under the control of the State Government in that region. He further submits that the Society is registered under the Cooperative Societies Act and is not being controlled by the State Government and the posts against which notification is issued are not civil posts. 3. The learned Government Advocate though supports submissions made on behalf of the Society, further submits that the Society is also controlled by the Government and the benefit of Notification dated 16th November 2013 is applicable to the said post also. 4. Heard the learned counsel for the parties. The petition is to be rejected only on the ground that the Notification was issued prior to the Government Notification dated 16th November 2013. 4. Heard the learned counsel for the parties. The petition is to be rejected only on the ground that the Notification was issued prior to the Government Notification dated 16th November 2013. The Order Annexure-G is prospective in nature and the process of selection initiated or instituted was pursuant to the said Notification and shall not be an intercepted process of selection as per Notification Annexure-D dated 3rd August 2012 and as on that date Notification dated 16th November 2013 was not in existence. Under these circumstances, the Notification will have to proceed and complete its process of selection on the ground that retrospective application of the Government notification dated 16th November 2013 is not made applicable to the Notification dated 3rd August 2012. Accordingly petition stands rejected.