TaxTMI 
TaxTMI 
1993 (8) TMI 292
X X X X Extracts X X X X
X X X X Extracts X X X X
....tanding anything contained in any rule made under the proviso to Article 309 of the Constitution of India, the provisions of these rules shall apply to direct recruitment to fifty percent of the vacancies existing on the date of commencement of these rules in the categories of posts specified below, namely: (a) First Division Clerks and Second Division Clerks in all State Civil Services. (b) Veterinary Live Stock InspectOrs. (c) Veterinary Compounders. (d) Agricultural Assistants. (e) Such other category of posts as the Government may by order, specify. 4. Method of Recruitment.--Recruitment under these rules shall be made on the basis of the results of a competitive examination conducted by the Commission. The competitive examination shall be held at such place and on such date as may be notified by the Commission. 5. Academic Qualification of Candidates.--Every person who is not disqualified under the Karnataka Civil Services (General Recruitment) Rules, 1977, and who as on 1st April, 1982, has worked for a period of not less than one year as a local candidate or as a stipendiary graduate and possesses the qualifications prescrib....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hall be a common list of Stipendiary Graduates, maintained by the Social Welfare and Labour Department, arranging their names according to their seniority, seniority being determined on the basis of continuous service as Stipendiary Graduates and where two or more stipendiary graduates are appointed on the same date, the seniority shall be determined on the basis of their age, person or persons older in age being placed above. (2) Every appointing authority in respect of Group 'C' posts, after determining the vacancies in respect of each direct recruitment, to be filled up by appointment of candidates who have worked as Stipendiary Graduates or Local Candidates and other candidates, report to the Secretary to Government, Social Welfare and Labour Department the number of vacancies set apart for being filled by Stipendiary Graduates. (3) The Social Welfare and Labour Department shall on receipt of such reports from the appointing authorities sponsor the names of Stipendiary Graduates equal to the number of vacancies reported by the appointing authorities according to their seniority in the list maintained under Sub-rule (1), in the order of reports as recei....
X X X X Extracts X X X X
X X X X Extracts X X X X
....with effect from February 1, 1990 and (2) to absorb them in the available vacancies requiring graduate qualification (i.e., in the category of First grade assistants) in accordance with the aforesaid Rules (i.e., without holding a competitive examination or an interview). These orders were based upon and induced by the wrong information furnished by the State of Karnataka as demonstrated and detailed in the order of my learned brother. Either the information was not furnished in time or was furnished in a misleading manner. The result was that the directions made by this Court required the State to absorb stipendiary graduates not only against the vacancies meant for them by the 1982/1987 Rules i.e., against 40% of the vacancies reserved for direct recruitment but practically against all the vacancies in the relevant categories. In other words, the effect of these orders -- according to the present stand of the Government--is that instead of confining these persons to 40% of the vacancies to be filled by direct recruitment, they are directed to be absorbed against all the vacancies available i.e., all of the vacancies to be filled by direct recruitment as well as by promotion. 8....
X X X X Extracts X X X X
X X X X Extracts X X X X
....titioner includes all (100%) vacancies in Group A, B, C & D. If the 40% of the Direct Recruitment vacancies in only Group 'C' Posts is taken up the vacancy available to accommodate the stipendiary graduates as per Karnataka Civil Services (Special) Rules 1987, is negligible. Hence, the claim of the petitioner that they can be immediately absorbed is not maintenable. In pursuance of the order of this Court all the five thousand S.Gs. have been absorbed in Government service with effect from 1.9.1991 vide Government order No. SWL-106-ECS-89 dated 17.8.1991 and 5.9.1991. If all these five thousand S.Gs. are to be absorbed in group 'C' posts, it will choke all the available vacancies for the "several coming years. It will also affect the promotional chances of the regularly appointed persons and the opportunity to apply and compete for the said posts to those eligible to apply therefor for direct recruitment. The orders passed by this Court are creating several difficulties in the way of the Government and, therefore, require to be modified. 10. It is true that the stipendiary graduates employment scheme was evolved to provide some relief to unemployed graduates, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ndiary graduates was without any selection or interview but on an ad hoc basis. This situation was further compounded beyond redemption by the misleading particulars furnished by the State of Karnataka to this Court while passing the earlier orders. The State of Karnataka furnished the total vacancy position in group 'C' services instead of furnishing the number of vacancies which according to the 1982 Rules could be filled by stipendiary graduates i.e., 40% of the vacancies reserved for direct recruitment. Atleast, that is what the State now says. Believing in the information so furnished wrongly, this Court passed the aforesaid orders. The orders based upon the misleading and wrong information have resulted in directing the filling up of all vacancies in group 'C' Services with the stipendiary graduates instead of confining them to 40% of the vacancies reserved for direct recruitment. The failure a justice and infraction of law is not eloquent to require any emphasis. Stipendiary graduates were not government servants. They were stipendiaries. They were never appointed to any service under the State. The manner of their induction into government service en masse, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s Court, the Government appears to have 'absorbed' them in Government service but paying them only the stipend of Rs. 960/- per month. These are all the persons, it is relevant to remember, who either did not apply or appear in regular Selection for group 'C' posts or having applied and appeared for regular selection for Group 'C' posts, they could not be selected. And now they are all directed to be absorbed immediately in group 'C' service and that too at the level of first grade assistants - highest category in group 'C'. The consequences flowing from such direction are pretty grave. Such absorption will take a long number of years - unless of course the Government is compelled to create five thousand posts at once, which is bound to create serious consequences for the Administration and its finances. Even if these persons were absorbed nonce, they will block the chances of others for many years. The direction to absorb them at the level of first grade assistants, it is relevant to notice, brings about a discrimation even as between the S.Gs. themselves. As stated hereinbefore, a good number of S.Gs. were absorbed as second grade assistant....
X X X X Extracts X X X X
X X X X Extracts X X X X
....e 1982 Rules as amended in 1987. The 1987 amendments have the effect of smuggling in thousands of persons into Government service by a back-door - without complying with the requirements of Articles 14 and 16. One can understand the rules is framed in 1982, but it is extremely difficult to appreciate or understand the reasons for which the 1987 amendment was brought in. The question, to repeat, is whether this Court should extend its arm - its discretionary power under Articles 136 and 32, as the case may be, to implement such unconstitutional Rules and help these persons to gain a back-door entry into Government service - that too at the highest level in group 'C' services straightaway. It is true that no one has questioned the 1987 amendments. The petitioners do not question them because they are advantageous to them; they want them to be implemented. The Government cannot and does not question them because it has itself made them. The parties who are affected namely the persons awaiting employment under the government probably do not even know what is happening. But where an unconstitutional provision of such vast impact is brought to the notice of this Court and it is a....