1993 (8) TMI 292 - SC - Indian Laws

Supreme Court Upholds 1982 Rules for Stipendiary Graduates, Emphasizes Fair Recruitment

The Supreme Court revised its earlier orders to ensure that stipendiary graduates are absorbed in accordance with the 1982 rules, addressing ... - Issues Involved:1. Definition and applicability of rules for Stipendiary Graduates.2. Method of recruitment and academic qualifications.3. Age limits and examination requirements.4. Amendments to the rules in 1987.5. Constitutional violations and the impact on other candidates.6. Absorption of stipendiary graduates and the resulting legal challenges.7. Review and modification of earlier court orders.Summary:1. Definition and Applicability of Rules for Stipendiary Graduates:The term 'Stipendiary Graduate' refers to individuals appointed on a stipend u/s the Stipendiary Employment Scheme sanctioned in Government Order No. PD112 PMM 7 dated 28th December 1977. The rules do not apply to recruitment for posts like Sub-Inspectors of Police and Forest Rangers.2. Method of Recruitment and Academic Qualifications:Recruitment u/r 3 to 7 of the Karnataka State Civil Services (Special Recruitment) Rules, 1982, was initially based on a competitive examination conducted by the Commission. Candidates must have worked for at least one year as a local candidate or stipendiary graduate and possess the prescribed qualifications.3. Age Limits and Examination Requirements:Candidates must be between 18 and 40 years of age, depending on their category (Scheduled Castes, Scheduled Tribes, Backward Castes, etc.). The competitive examination included papers in General English or General Kannada and General Knowledge.4. Amendments to the Rules in 1987:In 1987, the rules were amended to remove the requirement for a competitive examination. Appointments were now based on a common seniority list maintained by the Social Welfare and Labour Department, thus allowing direct absorption based on seniority.5. Constitutional Violations and Impact on Other Candidates:The 1987 amendments led to constitutional violations by allowing stipendiary graduates to be absorbed without any selection process, affecting the rights of other candidates and violating constitutional mandates. The stipendiary graduates were appointed without any competitive examination, thus impacting the opportunities for other eligible candidates.6. Absorption of Stipendiary Graduates and Legal Challenges:The Association of stipendiary graduates filed a writ petition seeking regular employment status, which was dismissed by the Tribunal. The Supreme Court's earlier orders directed the State to absorb stipendiary graduates in available vacancies without competitive examinations, based on misleading information provided by the State.7. Review and Modification of Earlier Court Orders:The Supreme Court recognized the misleading information and the resulting unconstitutional absorption of stipendiary graduates. The Court decided to revise its earlier orders, directing that stipendiary graduates should be absorbed according to the 1982 rules as originally framed, without reference to the 1987 amendments. The Court emphasized that any scheme framed by the State must conform to constitutional commands.Conclusion:The Supreme Court revised its earlier orders to ensure that stipendiary graduates are absorbed in accordance with the 1982 rules, thus addressing the constitutional violations and ensuring fairness in the recruitment process. The contempt petitions were disposed of as unnecessary.