The KARNATAKA CIVIL SERVICES (PROCEDURE FOR SELECTION OF CANDIDATES DURING RECRUITMENT) ACT, 2018

 
KARNATAKA ACT NO. 01 OF 2019 
THE KARNATAKA CIVIL SERVICES (PROCEDURE FOR SELECTION OF CANDIDATES 
DURING RECRUITMENT) ACT, 2018 
Arrangement of Sections 
Sections: 
 
1. Short title and commencement. 
 
2. Procedure of selection of candidates for competitive main examination, 
preliminary test, final select list and additional list 
 
3. 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 e ligible 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: 3
rd May 1994 and DPAR 
08 SBC 1995, dated: 20 th 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 reser ved 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 exam ination 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 S cheduled 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 th e 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 admittin g 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 admitt ed to the written examination and list of 
candidates to be called for the personality test.  Therefore, the error is apparent. 
 3 
XX   XX   XX 
 
167.  It is now well entrenched principle of law that those members belonging to 
reserved category who get selected  in the open competition on the basis of their own merit 
have right to be included in the general list/unreserved category and not to be counted 
against the quota reserved for Scheduled Caste.  Reserved category candidate who is 
adjudged more meritorious t han open category candidates is entitled to choose the 
particular service/cadre/post as per his choice/preference and he cannot be compelled to 
accept appointment to an inferior post leaving the more important service/cadre/post in 
the reserved category for less meritorious candidate of that category. 
XX   XX   XX 
 
169. From the aforesaid discussion, it is clear that, the KPSC has followed the 
procedure prescribed in the Government Orders dated              3.5.1994 and 20.06.1995 in 
preparing the eligibility list of candidates who are admitted to the written examination and 
who are to be called for the personality test in 1998, 1999 and 2004 batch.  It is illegal.  It 
is contrary to the Rules.  The said Government Order has to be applied after the personali ty 
test is over and at the time of preparation of list of candidates suitable for appointment 
under Rule 11 only.  Thus, admittedly the ratio prescribed in the Rules has not been 
followed.  The resultant position is, meritorious candidates from the unreserved category 
are denied the opportunity to take the written examination and also denied the opportunity 
for being called for the personality test.  It violates Article 14 and 16(1) of the Constitution.  
It also violates the Rules and the Government Order r eferred to supra and, therefore, we 
have no hesitation in holding that the procedure followed by the KPSC in preparing the list 
of candidates who are admitted to the written examination and the list of candidates who 
are to be called for the personality list is unconstitutional and contrary to the Rules and the 
Government Order referred to supra. 
XX   XX   XX 
 
164. In the case of UNION OF INDIA Vs.  RAMESH RAM AND OTHERS reported in 
(2010) 7 SCC 234, the Constitution Bench of the Apex Court dealing with the  question of 
migration of meritorious reserved candidates from general merit to the reserved category 
held as under: 
“72. We sum up our answers: 
i) MRC candidates who avail the benefit of Rule 16 (2) and adjusted in the reserved 
category should be counted as part of the reserved pool for the purpose of 
computing the aggregate reservation quotas.  The seats vacated by MRC 
candidates in the General Pool will be offered to General category candidates. 
ii) By operation of Rule 16 (2), the reserved status of an MRC can didate is protected 
so that his/her better performance does not deny him of the chance to be allotted 
to a more preferred service. 
iii) The amended Rule 16 (2) only seeks to recognize the inter se merit between two 
classes of candidates i.e. a) meritorious reserved category candidates b) relatively 
lower ranked reserved category candidates, for the purpose of allocation to the 
various Civil Services with due regard for the preferences indicated by them. 
iv)  The reserved category candidates “belonging to OBC, SC/ST categories” who are 
selected on merit and placed in the list of General/Unreserved category 
candidates can choose to migrate to the respective reserved category at the time 
of allocation of services.  Such migration as envisaged by Rule 16 (2) is not 
inconsistent with Rule 16 (1) or Articles 14, 16 (4) and 335 of the Constitution." 
 
XX   XX   XX 
 
 
 
 
 
 4 
ORDER 
 
(1) The procedure followed by the KPSC in preparing the list of candidates who are 
admitted to the written examination and the list of candidates who are called for the 
personality test in 1998, 1999 and 2004 for the post of Gazetted Probationers (Group A and 
B Posts) is unconstitutional, contrary to the Rules and the Government Orders. 
 
However, on that ground, the entire selection of 1998, 1999 and 2004 batch 
selection cannot be set aside. 
 
Segregation of tainted/ineligible candidates is possible.  The KPSC shall undertake 
the following exercise to segregate the ineligible candidates: 
 
(a) The KPSC shall prepare a separate list of candidates belonging to  the reserved 
category, who took the written examination, showing the marks secured in the 
written examination in the order of merit. 
(b) From out of the names in the said list prepared, prepare a list of candidates 
eligible to be called for the personality te st in the ratio of 1:5, i.e., five times the 
number of candidates as there are vacancies reserved for each of the category 
out of reserved posts belonging to Scheduled Caste, Scheduled Tribes and other 
backward classes. 
(c) If the names of the selected candidates belonging to the reserved category finds a 
place in this list, whether as General Merit candidates or reserved candidates, 
then their appointment is valid and it shall not be disturbed. 
(d) If the names of the selected candidates do not find a place in thi s list, then their 
appointment is void and the same is hereby set aside. 
(e) The KPSC shall undertake this exercise within two months from the date of 
receipt of the copy of this order and forward the same to the Government for 
passing appropriate orders. 
(2) The revised list prepared by the KPSC in terms of the order dated 11
th October 
2002 in W.P.No. 12548 -589/2002 which is affirmed by the Apex Court in Civil Appeal No. 
6172-6222/2005 vide Order dated 6 th October, 2005, which was submitted to the Court by 
the KPSC in a sealed cover, which was web -hosted by virtue of the order dated 11.11.2014 
of this Court, is upheld.  The KPSC and the State Government shall give effect to the said 
list; 
Whereas the above Judgement of the Honourable High Court was challenged i n the 
Honourable Supreme Court in Gopalkrishnah N and others Vs. the State of Karnataka and 
others in SLP No. 29245/2016 where in it has held on 11.04.2018 as follows,- 
"Upon hearing the counsel the Court made the following ORDER 
 Heard  learned counsel for the parties. 
 Delay condoned. 
We do not find any ground to interfere with the impugned order.  The special leave 
petitions are, accordingly, dismissed. 
 
Pending application (s), if any, shall also stand disposed of." 
 
Whereas the Honourable Supreme Court  in Jitendra Kumar Singh & Anr Vs. State 
of U.P. & Ors in C.A. No. 74/2010, has held on 08.01.2010 as follows,-  
"52. From the above it becomes quite apparent that the relaxation in age limit is 
merely to enable the reserved category candidate to compete w ith the general category 
candidate, all other things being equal.  The State has not treated the relaxation in age and 
fee as relaxation in the standard for selection, based on the merit of the candidate in the 
selection test i.e. Main Written Test followe d by Interview.  Therefore, such relaxations 
 5 
cannot deprive a reserved category candidate of the right to be considered as a general 
category candidate on the basis of merit in the competitive examination." 
 
Whereas it is expedient to clarify as to how a l ist of eligible candidates has to be 
prepared for the purpose of competitive main examination, personality test and the manner 
of preparation of final and additional list.   
 
Hence, the Bill.  
 
[L.A. Bill No. 14 of 2018, File No. Samvyashae 30 Shasana 2018]  
[entry 41 of List II of the Seventh Schedule to the Constitution of India.] 
 
  
  
 6 
KARNATAKA ACT NO. 01 OF 2019 
(First Published in the Karnataka Gazette Extra-ordinary on the 4th day of January, 2019) 
 
THE KARNATAKA CIVIL SERVICES (PROCEDURE FOR SELECTION OF CANDIDATES 
DURING RECRUITMENT) ACT, 2018 
(Received the assent of Governor on the 3rd  day of January, 2019) 
 
 
An Act 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 examinati on, 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 Sched uled 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: 20 th June 1995 has specified the mode of selection of eligible 
candidates as list of the Sched uled 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, 
 7 
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, 
Scheduled Tribes and other groups of Backward Classes equal to the number 
of vacanci es 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 add itional 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 categori es 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 belong ing 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 wri tten 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 
 8 
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 te st.  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 adm itting 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. 
XX   XX   XX 
167.  It is now well entrenched principle of law that those members belonging to 
reserved category who get selected in the open competition on the basis of their own merit 
have right to be included in the general list/unreserved category and not to be counted 
against the quota reserved for Scheduled Caste.  Reserved category candidate who is 
adjudged more meritorious than open category candidates is entitled to choose the 
particular service/cadre/post as per his choice/preference and he cannot be compelled to 
accept appointment to an inferior post leaving the more important service/cadre/post in 
the reserved category for less meritorious candidate of that category. 
XX   XX   XX 
169. From the aforesaid discussion, it is clear that, the KPSC has followed the 
procedure prescribed in the Government Orders dated 3.5.1994 and 20.06.1995 in 
preparing the eligibility list of  candidates who are admitted to the written examination and 
who are to be called for the personality test in 1998, 1999 and 2004 batch.  It is illegal.  It 
is contrary to the Rules.  The said Government Order has to be applied after the personality 
test is over and at the time of preparation of list of candidates suitable for appointment 
under Rule 11 only.  Thus, admittedly the ratio prescribed in the Rules has not been 
 9 
followed. The resultant position is, meritorious candidates from the unreserved category are 
denied the opportunity to take the written examination and also denied the opportunity for 
being called for the personality test.  It violates Article 14 and 16(1) of the Constitution.  It 
also violates the Rules and the Government Order referred to supra and, therefore, we have 
no hesitation in holding that the procedure followed by the KPSC in preparing the list of 
candidates who are admitted to the written examination and the list of candidates who are 
to be called for the personality list is uncon stitutional and contrary to the Rules and the 
Government Order referred to supra. 
XX   XX   XX 
164. In the case of UNION OF INDIA Vs. RAMESH RAM AND OTHERS  reported in 
(2010) 7 SCC 234, the Constitution Bench of the Apex Court dealing with the question of 
migration of meritorious reserved candidates from general merit to the reserved category 
held as under: 
“72. We sum up our answers: 
i) MRC candidates who avail the benefit of Rule 16 (2) and adjusted in the reserved 
category should be counted as part of the reserved pool for the purpose of 
computing the aggregate reservation quotas.  The seats vacated by MRC 
candidates in the General Pool will be offered to General category candidates.  
ii) By operation of Rule 16 (2), the reserved status of an MRC candidate is pr otected 
so that his/her better performance does not deny him of the chance to be allotted 
to a more preferred service. 
iii) The amended Rule 16 (2) only seeks to recognize the inter se merit between two 
classes of candidates i.e. a) meritorious reserved category candidates b) relatively 
lower ranked reserved category candidates, for the purpose of allocation to the 
various Civil Services with due regard for the preferences indicated by them. 
iv) The reserved category candidates “belonging to OBC, SC/ST catego ries” who are 
selected on merit and placed in the list of General/Unreserved category 
candidates can choose to migrate to the respective reserved category at the time 
of allocation of services.  Such migration as envisaged by Rule 16 (2) is not 
inconsistent with Rule 16 (1) or Articles 14, 16 (4) and 335 of the Constitution." 
XX   XX   XX 
ORDER 
(1) The procedure followed by the KPSC in preparing the list of candidates who are 
admitted to the written examination and the list of candidates who are called for the 
personality test in 1998, 1999 and 2004 for the post of Gazetted Probationers (Group A and 
B Posts) is unconstitutional, contrary to the Rules and the Government Orders. 
 10 
However, on that ground, the entire selection of 1998, 1999 and 2004 batch 
selection cannot be set aside. 
Segregation of tainted/ineligible candidates is possible.  The KPSC shall undertake 
the following exercise to segregate the ineligible candidates: 
(a) The KPSC shall prepare a separate list of candidates belonging to the reserved 
category, who took the written examination, showing the marks secured in the 
written examination in the order of merit. 
(b) From out of the names in the said list prepared, prepare a list of candidates 
eligible to be called for the personality test in the ratio of 1:5, i.e., five times the 
number of candidates as there are vacancies reserved for each of the category 
out of reserved posts belonging to Scheduled Caste, Scheduled Tribes and other 
backward classes. 
(c) If the names of the selected candidates belonging to the reserved category finds a 
place in this list, whether as General Merit candidates or reserved candidates, 
then their appointment is valid and it shall not be disturbed. 
(d) If the names of the selected candidates do not find a place in this list, then their 
appointment is void and the same is hereby set aside. 
(e) The KPSC shall undertake this exercise within two months from the date of 
receipt of the copy of this order and forward the same to the Government for 
passing appropriate orders. 
(2) The revised list pr epared by the KPSC in terms of the order dated 11
th October 
2002 in W.P.No. 12548 -589/2002 which is affirmed by the Apex Court in Civil Appeal No. 
6172-6222/2005 vide Order dated 6 th October, 2005, which was submitted to the Court by 
the KPSC in a sealed c over, which was web -hosted by virtue of the order dated 11.11.2014 
of this Court, is upheld.  The KPSC and the State Government shall give effect to the said 
list; 
Whereas the above Judgement of the Honourable High Court was challenged in the 
Honourable Supreme Court in Gopalkrishnah N and others Vs. the State of Karnataka and 
others in SLP No. 29245/2016 where in it has held on 11.04.2018 as follows,- 
"Upon hearing the counsel the Court made the following ORDER 
Heard  learned counsel for the parties. 
Delay condoned. 
We do not find any ground to interfere with the impugned order.  The special leave 
petitions are, accordingly, dismissed. 
Pending application (s), if any, shall also stand disposed of." 
 11 
Whereas the Honourable Supreme Court in Jitendra Kumar Sing h & Anr Vs. State 
of U.P. & Ors in C.A. No. 74/2010, has held on 08.01.2010 as follows,-  
"52. From the above it becomes quite apparent that the relaxation in age limit is 
merely to enable the reserved category candidate to compete with the general categor y 
candidate, all other things being equal.  The State has not treated the relaxation in age and 
fee as relaxation in the standard for selection, based on the merit of the candidate in the 
selection test i.e. Main Written Test followed by Interview.  Theref ore, such relaxations 
cannot deprive a reserved category candidate of the right to be considered as a general 
category candidate on the basis of merit in the competitive examination." 
Whereas it is expedient to clarify as to how a list of eligible candidat es has to be 
prepared for the purpose of competitive main examination, personality test and the manner 
of preparation of final and additional list.   
Be it enacted by the Karnataka State Legislature in the sixty ninth year of the 
Republic of India, as follows:-  
1. Short title and commencement.- (1) This Act may be called the Karnataka Civil 
Services (Procedure for Selection of Candidates during Recruitment)  Act, 2018.  
 (2) It shall be deemed to have come into force with effect from 3rd day of May 1994.  
2. Procedure of selection of candidates for competitive main examination, 
preliminary test, final select list and additional list. - Notwithstanding anything 
contained in any Act or rules made or deemed to have been made under the Karnataka 
State Civil Services Act, 1978 (Karnataka Act 14 of 1990) relating to method of recruitment 
and selection to any service or post under the State, every selection Authority shall, - 
(i) while preparing a list of eligible candidates in the ratio prescribed for 
competitive main examination; or 
(ii) while preparing a list of eligible candidates in the ratio prescribed for 
personality test; 
prepare a list of eligible candidates in the ratio in which candidates are to be called 
for, in the following procedure, namely:- 
(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 without considering their caste, tribe or class belong to 
(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 candidates required to be called for in the ratio prescribed in 
respect of posts to be filled up on the basis of general merit without considering 
 12 
their caste, tribe or class (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 o f 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, 
Scheduled Tribes and other groups of Backward Classes equal to the number of 
candidates required to be called for in the ratio prescribed with reference to the 
posts reserved for each reserved category in the order of  merit determined in the 
First List. 
(iii) while preparing a Final Selection list for appointment; and 
(iv) while preparing a Additional list. 
(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 without considering their caste, tribe or class belong to. 
(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 without considering their caste, tribe or class (i.e. the number 
of posts other then those reserved in favour of Scheduled Caste s, 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 t hird List (hereinafter called 
the Third List) containing the names of applicants belonging to the 
Scheduled Castes, 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),  
 13 
(c) and (d) above, from among the name excluding the names which are included in 
the Main List, from the first list. 
Provided that, despite providing concession of fees, age or other relaxation given to a 
candidate belonging to the Scheduled Castes or Scheduled Tribes or other backward 
classes, he shall be considered as a general merit candidate on the basis of merit in every 
level of selection for competitive main examination, personality test, final selection list or 
additional selection list.  
3. Validation of action taken. - Notwithstanding anything contained in any 
judgement decree or order of any court tribunal or other authority contrary of section 2 of 
this Act, any action taken or done in respect of any selection, for recruitment made or 
purporting to have been made and any action or thing done or taken by a  selection 
Authority on or after 3 rd May 1994 in pursuance to the Government orders or rules issued 
in this behalf before publication of this Act shall be deemed to be valid in relation to 
selection of candidates for competitive main examination, personali ty test, final list and 
additional list and effective as if those selections or action or thing has been made, taken or 
done under and in accordance with the provisions of this Act and accordingly, - 
(a) no suit or other proceedings shall be maintained or continued in any court or 
any tribunal or before any authority for the review of any such promotions contrary to the 
provisions of this Act; and  
(b) no court shall enforce any decree or order to direct the review of any such cases 
contrary to the provisions of this Act. 
The above translation of PÀ£ÁðlPÀ ¹«¯ï ¸ÉêÉUÀ¼À (£ÉêÀÄPÁwAiÀÄ ¸ÀªÀÄAiÀÄzÀ°è C¨sÀåyðUÀ¼À 
DAiÉÄÌAiÀÄ PÁAiÀÄð«zsÁ£À) C¢ü¤AiÀĪÀÄ, 2018 (2019gÀ PÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ ¸ÀASÉå: 01)  be published in 
the official Gazette under clause (3) of Article 348 of the Constitution of India. 
 
 
VAJUBHAI VALA 
GOVERNOR OF KARNATAKA 
 
By Order and in the name of the Governor of 
Karnataka, 
 
K. DWARAKANATH BABU 
Secretary to Government 
Department of Parliamentary Affairs 
 

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