Amendment status not verified — confirm the current text below against the official source.
Validation of action taken STATEMENT OF OBJECTS AND REASONS Act 01 of 2019.- It is considered necessary to provide for selection procedure for recruitment of candidates to any service or post under the civil services of the State. Whereas the Selection Authorities or Recruiting Agencies are following selection procedure as prescribed in the Karnataka Recruitment of Gazetted Probationers (Appointment of Competitive Examination) Rules, 1997, in respect of Gazetted Probationers and in the Karnataka Civil Services (Direct Recruitment by Competitive Examinations and Selection) General Rules, 2006, in respect of service or post where no Special or General method of recruitment is prescribed by the State Government in respect of Group ‘A’, ‘B’, ‘C’ and ‘D’ posts. Where the State Government frames Special or General recruitment rules with procedure specified therein they are being followed by the recruiting agencies for preparation of select list; Whereas different ratios are being followed in the process of selection of candidates for preparing list of the candidates eligible for written Competitive examination, main examination and the manner of preparing eligible candidates for personality test in accordance with the rules applicable for selection; Whereas nowhere in these rules have specified the method of preparing list of candidates belonging to the Scheduled Castes, Scheduled Tribes, Other Backward Classes and others; Whereas Government Order No. DPAR 20 SBC 1994, dated: 3rd May 1994 and DPAR 08 SBC 1995, dated: 20th June 1995 has specified the mode of selection of eligible candidates as list of the Scheduled Castes, Scheduled Tribes, Other Backward Classes and others who are eligible for final selection list and additional list, the above method is being followed since 3rd May 1994. The provisions of the said order reads as follows:- "(a) The concerned Selection Authority shall first prepare consolidated list of all eligible applicants irrespective of their caste, tribe, class and arrange them in the order of merit (hereinafter called the First List). (b) The Selection Authority shall then prepare from out of the first List, a second list (hereinafter called the Second list) containing the names of applicants equal to the number of posts to be filled up on the basis of general merit (i.e. the number of posts other then those reserved in favour of Scheduled Castes, Scheduled Tribes and other Backward Classes) arranging them in the order of merit commencing with the first name in the First List. (c) The Selection Authority shall then prepare from out of the First List, excluding the portion forming the Second List, a Third List (hereinafter called the Third List) containing the names of applicants belonging to the Scheduled Castes, 2 Scheduled Tribes and other groups of Backward Classes equal to the number of vacancies reserved for each reserved category in the order of merit determined in the First List. (d) The Selection Authority shall then prepare a final list (which may called the Main List) of selected candidates for appointment to the category of posts for which selection is made by arranging the names of candidates included in the Second List and the Third List in the order of merit. (e) Where the 'Additional List' has to be prepared in accordance with rules of recruitment, the Selecting Authority shall prepare the additional list by adopting the method mentioned at (a), (b), (c) and (d) above, from among the name excluding the names which are included in the Main List, from the first list."; Whereas the division bench of the High Court of Karnataka in Kaleel Ahmed K.P and others vs. State of Karnataka in writ petition no. 27674/2012 C/W 41366/2012, dated 21.06.2016 and other has held that,- "135. As could be seen from the scheme of examination as provided in clause (A), the number of candidates to be admitted to the main examination shall be 20 times the vacancies notified for recruitment in the order of merit, on the basis of the performance in the preliminary examination subject to accommodating the same ratio in adequate number of candidates belonging to the categories of Scheduled Castes, Scheduled Tribes, each of the Other Backward Classes and Others. The word used is “same ratio”. i.e., the number of candidates to be admitted to the main examination should be in the same ratio means the number of candidates belonging to Scheduled Castes, Scheduled Tribes and each of the Backward Classes and Others should be equal to that of the candidates who do not belong to the said category. The word used is adequate number of candidates. In other words, the number of candidates belonging to the unreserved category who are admitted to the written examination and number of candidates belonging to the reserved category who should be admitted to the reservation, should be the same. Therefore, two lists have to be prepared, one is the list showing candidates belonging to the unreserved category and the second list showing the reserved category. While preparing these two lists there is no intense merit to be taken note of. These lists are list of candidates eligible to take the written examination and not list of candidates suitable for employment in the order of merit, which is called the First List in the Government Order dated 03.05.1994. Similarly, after the written examination also while calling the said successful candidates to the personality test, the same procedure is to be followed. i.e., prepare 2 lists, one list of unreserved candidates and one list of reserved candidates in order of merit. These two lists are list of candidates eligible to be called for personality test. It is not a list of candidates suitable for employment. It is only after completion of the personality test, the marks secured by each candidate in the written examination and personality test is totaled and a consolidated list of eligible candidates irrespective of their caste, tribe, class is arranged. The said Government Order is to be followed only at the stage of preparation of list of candidates suitable for appointment under Rule 11 as is clear from the wordings of Rule 11. At the time of admitting candidates for written examination and at the time of calling the candidates for personality test, the number of candidates to be admitted to the written examination and called for personality test should be in the same ratio of persons belonging to reserved category and unreserved category. Clauses (A) and (C) specifically refers to the word ‘same ratio’. Therefore, at that stage the question of any meritorious unreserved category candidate being called either for written examination or for the personality test as an unreserved category would not arise. By wrongly applying these Government Orders at this two stages, substantial number of unreserved candidates who are meritorious are denied the opportunity to take the written examination as well as the personality test. The understanding of KPSC that Rules of 1997 do not provide as to the manner in which the ratio of 1:20 and 1:5 has to be carried out is erroneous, in the light of the express provision setting out how the list of candidates to be admitted to the written examination and list of candidates to be called for the personality test. Therefore, the error is apparent. 3 XX XX XX