BHAKTA RAME GOWDA AND ORS. ETC. versus STATE OF KARNATAKA AND ANR. ETC.

Citation: [1997] 1 S.C.R. 535 · Decided: 24-01-1997 · Supreme Court of India · Bench: K. RAMASWAMY, G.T. NANAVATI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

BHAKTA RAME GOWDA AND ORS. ETC. 
v. 
STATE OF KARNATAKA AND ANR. ETC. 
JANUARY 24, 1997 
[K. RAMASWAMY AND G.T. NANAVATI, JJ.] 
Service Law : 
Kamataka Civil Services (General Recrnitment) Rules, 1977: 
Rule 8--Reservation in promotion--Retrospectivity of the Rule-Back-
log vacancie:r-Filling up of-Guidelines not provided-Held : Whatever 
promotions given, they would remain valid subject to laying down guidelines 
and working out of backlog vacancies in the light of guideline:r-State Govem-
ment directed to complete the exercise within three months. 
A 
B 
c 
D 
B.S. Vadera v. Union of India, AIR (1969) SC 118; Chief Secretary to 
Govemment of Andhra Pradesh & Anr. v. VJ. Comelius Etc., AIR (1981) SC 
1099; P.D. Aggarwal & Ors. v. State of U.P. & Ors., AIR (1987) SC 1676; 
Supreme Court Employees Welfare Association v. Union of India & Ors., AIR E 
(1990) SC 334; R.L. Bansal & Ors. v. Union of India & Ors., AIR 1993 SC 
978 and V.K. Sood v. Secretary, Civil Aviation & Ors., AIR (1993) SC 2285, 
relied on. 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 490-91 
~~~ 
F 
From the Judgment and Order dated 29.4.94 of the Karnataka Ad-
ministrative Tribunal, Bangalore in A. Nos. 3727/92 and 822 of 1993. 
Ms. T. Sudha, Ms. Bina Gupta, Ramesh Singh and D.K. Garg for the G 
Appellants. 
V.N. Ganpule, P. Mahale, AK. Panda, R.P. Wadhwani, K.R. 
--4. 
Nagaraja and S.N. Bhat for the Respondents. 
The following Order of the Court was delivered : 
535 
H 
A 
B 
c 
D 
536 
SUPREME COURT REPORTS 
[1997] 1 S.C.R. 
Leave granted. We have heard learned counsel on both sides. 
These appeals by special leave arise from the order of the Karnataka 
Administrative Tribunal, made on April 29, 1994 in Application Nos. 
3727/82 and batch. 
The admitted position is that under the Karnataka Civil Services 
(General Recruitment) Rules, 1977, the Government exercising the power 
under proviso to article 309 of the Constitution has amended Rule 8 and 
introduced proviso thereto. It reads as under : 
"8. Provision for reservation of appointments or posts : Subject to 
provisions of sub-rule (3) of Rule 9, appointments or posts shall 
be reserved for the members of the Scheduled Castes, Schedule 
Tribes, Backward Tribes and other Backward Classes to such 
extent and in such manner as may be specified by the Government 
under clause ( 4) of Article 16 of the Constitution of India." 
As a result thereof, the Government is empowered, in consistency 
\vith Article 335 of the Constitution, to appoint by promotion by way of 
reservation of the members belonging to Scheduled Castes, Scheduled 
Tribes and other Backward Classes to such extent and in such manner as 
E may be specified by the Government under clause (4) of Article 16 of the 
Constitution. By another order dated April 1, 1992, the second proviso was 
introduced which reads as under : 
F 
G 
• "Provided that, notwithstanding anything in the rules of recruitment 
specially made in respect of any service or post, the backlog 
vacancies in the promotional quota shall be determined and im-
plemented with effect from 27th April, 1978. 
Note : The backlog vacancy means the extent of the number of 
vacancies available under the roster system upto the level of lowest 
category in group-A posts calculated from 27th April, 1978. " 
Under this proviso, the Government has introduced the principle of 
filling up of the posts reserved for Scheduled Castes, Scheduled Tribes and 
Other Backward Classes including the backlog vacancies in promotional 
H quota effective from April 27, 1978. These rules came to be challenged in 
..,.. 
' 
-
,-1\" , 
BHAKTARAME GOWDAv. STATE 
537 
the Tribunal. The Tribunal had held that the first proviso cannot be made A 
·t- .. 
with retrospective effect. The view taken by the Tribunal is wholly unsus-
tainable. 
• 
A Constitution Bench of this Court had held in B.S. Vadera v. Union 
of India, AIR (1969) SC 118 that rules made under the proviso to Article B 
309 of the Constitution are legislative in character and, therefore, they 
could be made with retrospective effect. The same principle was reiterated 
~ 
in several decisions, viz., Chief Secretmy to Govemment of Andhra Pradesh 
... 
& Anr. v. VJ. Comelius Etc., AIR (1981) SC 1099, P.D. Aggmwal & Ors. v. 
State of U.P. & Ors., AIR (1987) SC 1676, Supreme Court Employees 
Welfare Association v. Union of India & Ors., AIR (1990) SC 334, R.L. c 
Bansal & Ors. v. Union of India & Ors., AIR (1993) SC 978 and V.K Sood 
v. Secretmy,
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