PETITIONER: KARNATAKA S.R.T.C. Vs. RESPONDENT: B.K. DORESWAMY DATE OF JUDGMENT21/07/1994 BENCH: KULDIP SINGH (J) BENCH: KULDIP SINGH (J) PUNCHHI, M.M. RAMASWAMY, K. CITATION: 1994 SCC (5) 367 JT 1994 (4) 505 1994 SCALE (3)450 ACT: HEADNOTE: JUDGMENT:
The Judgment of the Court was delivered by
KULDIP SINGH, J.- The Karnataka State Road Transport
Corporation (the Corporation) held selections for the posts
of Assistant Stores/Purchase Officers in the year 1972. The
first four candidates selected in order of merit were as
under:
1. Shri A.M. Khan
2. Shri S.S. Shirol
3. Shri K.G. Doddamani
4. Shri B.K. Doreswamy
2. The reservation for Scheduled Castes/Scheduled Tribes
and other backward classes was regulated in the State of
Karnataka by the Government Instructions dated 6-9-1969.
Annexure-I to the said Instructions provides classification
and rotation of vacancies for open competition/backward
classes/Scheduled Castes and Scheduled Tribes in the
following manner:1. Scheduled Tribes
2. Scheduled Castes
3. Backward Classes
4. Open competition
+ From the Judgment and Order dated 17-6-1986 of the
Karnataka High Court in W.A. No. 1922 of 1983
368
Para 6 of the Instructions is as under :“When a person belonging to Scheduled Tribes,
the Scheduled 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.”3. The above mentioned four selected
candidates were appointed as Assistant
Stores/Purchase Officers by the order dated
19-11-1972. The appointments were in the
following order:A.M. Khan (General Category)
B.K. Doreswamy (Scheduled Caste)
S.S. Shirol
K.G. Doddamani
4. Since no Scheduled Tribe candidate was selected the
first vacancy which was meant for the Scheduled Tribes was
given to A.M. Khan, general category candidate, who was even
otherwise on the top of the merit list.
5. 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 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.
6. We are of the view that the High Court fell into patent
error in interpreting the Government Instructions dated 6-9-
1969. It is no doubt correct 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 paragraph, 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 was
at number one of the merit list. It is nowhere provided in
the Instructions 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 the vacancy has to be filled
by selection on the basis of general merit. The order of
appointment dated 19-11-1972 issued 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 appointed at number one in accordance with
369
the Government Instructions he would rank senior to B.K.
Doreswamy in the cadre of Assistant Stores/Purchase
Officers.
7. For the reasons recorded above, we allow the appeal,
set aside the order of the learned Single Judge dated 26-11-
1982 and of the Division Bench dated 17-6-1986 and dismiss
the writ petition filed by B.K. Doreswamy before the High
Court. No costs.