KARNATAKA STATE ROAD TRANSPORT CORPORATIONversusB.K. DORESWAMY AND ORS.

    KARNATAKA STATE ROAD TRANSPORT CORPORATION                                    A
                         v.
              B.K. DORESWAMY AND ORS.

                               JULY 21, 1994

  [KULDIP SINGH, M.M. PUNCHHI AND K. RAMASWAMY, JJ.]                              B

      SERVICE LAW-Selection-Kamataka Govemment lllstructions
dated September 6, 1969-l'ara 6-Selectioll for posts of Assistallt Stores/Pur-
chase Officers ill State Road Trallsport Corporation-Reservation for
Scheduled Castes/Scheduled Tribes & other backward classes-Absence of a           C
candidate belollging to a reserved class-Such vacancy to be filled by selection
Oil basis of general merit.


       The reservation for Scheduled Castes/Scheduled Tribes and other
backward classes was regulated in the State of Karnataka by the Govern-
ment Instructions dated September 6, 1969. Para 6 of the said Instructions        D
provides classification and rotation of vacancies for open competi-
tion/backward classes/Scheduled Castes and Scheduled Tribes. The Kar-
nataka State Road Transport Corporation held selections for the posts of
Assistant Stores/Purc;.ase Officers in the year 1972. Four selected can-
didates were appointed. Since no Scheduled Tribe candidate was selected           E
the first vacancy which was meant for the Scheduled Tribes was given to
a general category candidate, who was even otherwise on the top of the
merit list. The next candidat.e was the Scheduled Caste candidate.

       The selected Scheduled Caste candidate filed a writ petition seeking
a mandamus directing the Transport Corporation to treat him senior to             F
the general category candidate in the cadre of Assistant Stores/Purchase
Officers on the ground that since the Scheduled Tribe candidate was not
available he being a member of the Scheduled Caste was entitled to the
first vacancy. The writ petition was allowed by the High Court. Writ appeal
filed by the Corporation was dismissed. This appeal was filed against the         G
judgment of the High Court.

      Allowing the appeal, this court

      HELD : 1. In the State of Karnataka, according to the Government
Instructions dated September 6, 1969, out of the merit list the first vacancy     H
                                   19
    20                      SUPREME COURT REPORTS [1994] SUPP. 2 S.C.R.

A was to be filled by appointing a Scheduled Tribe candidate. Since the
    Scheduled Tribe candidate was not available the vacancy was to be tilled
    in accordance \\ith the provisions of para 6 of the Instructions. Under the
    said paragraph, when a person belonging to Scheduled Tribe is not avail-
    able for being selected against the vacancy reserved for the said class, such
    vacancy has to be tilled by selection on the basis of general merit. Since in
B   the present case the Scheduled Tribe candidate was not available, the first
    vacancy was rightly tilled by appointing a general candidate who was at
    number one in the merit list. It is nowhere provided in the instructions of
    the Government of Karnataka that when a person belonging to a reserved
    class is not available then the vacany is to be filled by a candidate of
c   another reserve class. (22-A to Cl

            CIVIL APPELLATE JURISDICTION : Civil Appeal No. 118 of
    1987.
           .'
         From the Judgment and Order dated 17.6.86 of the Karnataka High
D   Court in WA. No. 1922/83.

            K.R. Nagaraja for the Appellant.

            The Judgment of the Court was delivered by

E          KULDIP SINGH, J. The Karnataka State Road Transport Corpora-
    tion (the Corporation) held selections for the posts of Assistant Stores/Pur-
    chase Officers in the year 1972. The first four candidates selected in order
    of merit were as under :~

            1. Shri A.M. Khan
F
            2. Shri S.S. Shiro!

            3 1.Shri K.G. Doddamani

            4. Shri B.K. Doreswamy
G
         The reservation for Scheduled Castes/Scheduled Tribes and other            '
    backward classes was regulated in the State of Karnataka by the Govern-
    ment Instructions dated September 6, 1969. Annexure-1 to the said Instruc-
    tions provides classification and rotation of vacancies for open
H   competition/backward classes/Scheduled Castes and Scheduled Tribes in
    ·KARNATAKA STATE RD. TIT. CORPN. .-. DORESWAMY (KULD!P Sl~GH. J.(        21


    the following manner :                                                         A
         1. Scheduled Tribes

         2. Scheduled Castes

         3. Backward Classes                                                       B
         4. Open competition

         Para 6 of the Instructions is as under :
•           "When a person belonging to Scheduled Tribes, the Scheduled            C
            Castes or other backward classes is not available for being selected
            for a vacancy reserved for such class, such vacancy shall be filled
            by selection on the basis· of general merit."

          The above mentioned four selected candidates were appointed as
    Assistant Stores/Purchase Officers by the order dated November 19, 1972.       D
    The appointments were in the following order :

         A.M. Khan (General Category)

         B.M. Doreswamy (Scheduled Caste)
                                                                                   E
         S.S. Shirai

         K.G. Doddamani

          Since no Scheduled Tribe candidate was selected the first vacancy
    which was meant for the Scheduled Tribes was given to A.M. Khan, general       F
    category candidate, who was even otherwise on the top of the merit list.

          B.K. Doreswamy filed a writ petition before the Karnataka High
    Court seeking a mandamus directing the corporation to treat him senior
    to A.M. Khan in the cadre of Assistant Stores/Purchase Officers on the
    ground that since the Scheduled Tribe candidate was not available he being G
    a member of the Scheduled Caste was entitled to the first vacancy. The
    writ petition was allowed by a learned single Judge of the High Court. Writ
    appeal filed by the Corporation was dismissed by the .Division Bench of
    the High Court. This appeal by the Corporation is against the judgments
    of the High Court.                                                          H
    22                    SUPREME COURT REPORTS [1994) SUPP. 2 S.C.R.

A          We are of the view that the High Court fell into patent error in
    interpreting the Government instructions dated September 6, 1969. It is no
    doubt corrrect that out of the merit list the first vacancy was to be filled
    by appointing a Scheduled Tribe candidate. Since the Scheduled Tribe
    candidate was not available the vacancy was to be filled in accordance with
    the provisions of para 6 of the Government Instructions. Under the said
B   paragrph, quoted above, when a person belonging to Scheduled Tribe is
    not available for being selected against the vacancy reserved for the said
    class, such vacancy has to be filled by selection on the basis of general
    merit. Since in the present case the Scheduled Tribe candidate was not
    available, the first vacancy was rightly filled by appointing A.M. Khan who
C   was at number one of the merit list. It is nowhere provided in the insiruc-
    tions of the Government of Karnataka that when a person belonging to a
    reserve class is not available then the vacancy is to be filled by a candidate
    of another reserve class. On the other hand the instructions specifically
    provide that in the absence of the candidate belonging to a reserved class
D   the vacancy has to be filled by selection on the basis of general merit. The
    order of appointment dated November 19, 1972 issu.ed by the State
    Government was in conformity with the Government Instructions and no
    fault could .be found with the same. A.M. Khan having been rightly ap-
    pointed at number one in accordance with the Government Instructions he
    would rank senior to B.K. Doreswamy in the cadre .of Assistant Stores/Pur-
E   chase Officers.

          For the reasons recorded above, we allow the appeal, set aside the
    order of the learned single Judge dated November 26, 1982 and of the
    Division Bench dated June 17, 1986 and dismiss the writ petition filed by
    B.K. Doreswamy before the High Court. No. costs.
F
    A.G.                                                        Appeal allowed.




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