KARNATAKA STATE ROAD TRANSPORT CORPORATION versus B.K. DORESWAMY AND ORS.

Citation: [1994] SUPP. 2 S.C.R. 19 · Decided: 21-07-1994 · Supreme Court of India · Bench: KULDIP SINGH · Disposal: Appeal(s) allowed
Open in Lexace · Ask the AI about this case
Judgment (excerpt)

KARNATAKA STATE ROAD TRANSPORT CORPORATION 
A 
v. 
B.K. DORESW AMY AND ORS. 
JULY 21, 1994 
[KULDIP SINGH, M.M. PUNCHHI AND K. RAMASWAMY, JJ.] 
B 
SERVICE LAW-Selection-Kamataka Govemment lllstructions 
dated September 6, 1969-l'ara 6-Selectioll for posts of Assistallt Stores/Pur-
chase Officers ill State Road Trallsport Corporation-Reservation for 
Scheduled Castes/Scheduled Tribes & other backward classes-Absence of a C 
candidate belollging to a reserved class-Such vacancy to be filled by selection 
Oil basis of general merit. 
The reservation for Scheduled Castes/Scheduled Tribes and other 
backward classes was regulated in the State of Karnataka by the Govern-
ment Instructions dated September 6, 1969. Para 6 of the said Instructions D 
provides classification and rotation of vacancies for open competi-
tion/backward classes/Scheduled Castes and Scheduled Tribes. The Kar-
nataka State Road Transport Corporation held selections for the posts of 
Assistant Stores/Purc;.ase Officers in the year 1972. Four selected can-
didates were appointed. Since no Scheduled Tribe candidate was selected E 
the first vacancy which was meant for the Scheduled Tribes was given to 
a general category candidate, who was even otherwise on the top of the 
merit list. The next candidat.e was the Scheduled Caste candidate. 
The selected Scheduled Caste candidate filed a writ petition seeking 
a mandamus directing the Transport Corporation to treat him senior to F 
the general category candidate 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 the High Court. Writ appeal 
filed by the Corporation was dismissed. This appeal was filed against the G 
judgment of the High Court. 
Allowing the appeal, this court 
HELD : 1. In the State of Karnataka, according to the Government 
Instructions dated September 6, 1969, out of the merit list the first vacancy H 
19 
20 
SUPREME COURT REPORTS [1994] SUPP. 2 S.C.R. 
A 
was to be filled by appointing a Scheduled Tribe candidate. Since the 
Scheduled Tribe candidate was not available the vacancy was to be tilled 
in accordance \\ith the provisions of para 6 of the Instructions. Under the 
said paragraph, when a person belonging to Scheduled Tribe is not avail-
able for being selected against the vacancy reserved for the said class, such 
B 
c 
vacancy has to be tilled 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 tilled by appointing a general candidate who was at 
number one in the merit list. It is nowhere provided in the instructions of 
the Government of Karnataka that when a person belonging to a reserved 
class is not available then the vacany is to be filled by a candidate of 
another reserve class. (22-A to Cl 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 118 of 
1987 . 
. ' 
From the Judgment and Order dated 17.6.86 of the Karnataka High 
D Court in WA. No. 1922/83. 
K.R. Nagaraja for the Appellant. 
The Judgment of the Court was delivered by 
E 
KULDIP SINGH, J. The Karnataka State Road Transport Corpora-
F 
G 
tion (the Corporation) held selections for the posts of Assistant Stores/Pur-
chase 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. Shiro! 
31.Shri K.G. Doddamani 
4. Shri B.K. Doreswamy 
The reservation for Scheduled Castes/Scheduled Tribes and other 
backward classes was regulated in the State of Karnataka by the Govern-
ment Instructions dated September 6, 1969. Annexure-1 to the said Instruc-
tions provides classification and rotation of vacancies for open 
H competition/backward classes/Scheduled Castes and Scheduled Tribes in 
' 
• 
·KARNATAKA STATE RD. TIT. CORPN . .-. DORESWAMY (KULD!P Sl~GH. J.( 
21 
the following manner : 
A 
1. Scheduled Tribes 
2. Scheduled Castes 
3. Backward Classes 
B 
4. Open competition 
Para 6 of the Instructions is as under : 
"When a person belonging to Scheduled Tribes, the Scheduled C 
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." 
The above mentioned four selected candidates were appointed as 
Assistant Stores/Purchase Officers by the orde
Excerpt shown. Read the full judgment & AI analysis in Lexace.