Case Note & Summary
The petitioner, Smt. Rashmi M.S., a lecturer at P.E.S. P.U College, Mandya, challenged a notification dated 22nd September 2019 issued by the college, an aided educational institution, calling for applications from candidates belonging to Scheduled Castes (Women) for the post of Lecturer in Mathematics. The petitioner contended that the college had no power to fill up only one post of vacancy in Mathematics and that the said post could not be reserved. The court examined the Karnataka Education Department Services (General) Rules, 1998, particularly Rule 14, which deals with reservation. The court noted that the post in question was a single post. The court held that reservation of a single post for a particular category would result in 100% reservation for that category, which is impermissible under the law. The court relied on the principle that reservation cannot exceed 50% and that a single post cannot be reserved as it would violate the equality clause under Articles 14 and 16(4) of the Constitution. The court quashed the notification and declared that the college had no power to fill up only one post by reserving it for SC (Women). The writ petition was allowed.
Headnote
A) Service Law - Reservation - Single Post - Rule 14 of Karnataka Education Department Services (General) Rules, 1998 - The court considered whether a single post of Lecturer in Mathematics in an aided college could be reserved for Scheduled Castes (Women). The court held that reservation of a single post is impermissible as it would result in 100% reservation for that category, violating the rule that reservation cannot exceed 50% and the principle of equality. The notification was quashed. (Paras 1-10) B) Constitutional Law - Equality - Articles 14 and 16(4) of Constitution of India - Reservation for backward classes must not be excessive. The court held that reserving a single post for a particular category amounts to 100% reservation for that post, which is not permissible under the constitutional scheme. (Paras 8-10) C) Education Law - Aided Institutions - Recruitment - The court held that aided educational institutions must follow the Karnataka Education Department Services (General) Rules, 1998, which do not permit reservation of a single post. The notification calling for applications only from SC (Women) for the post of Lecturer in Mathematics was set aside. (Paras 1-10)
Issue of Consideration
Whether a single post of Lecturer in Mathematics in an aided educational institution can be reserved for a particular category (Scheduled Castes Women) under the Karnataka Education Department Services (General) Rules, 1998.
Final Decision
The writ petition is allowed. The notification dated 22.09.2019 (Annexure-C) issued by the 4th respondent college is quashed. The college is directed to fill the post of Lecturer in Mathematics without any reservation, in accordance with the Karnataka Education Department Services (General) Rules, 1998.
Law Points
- Reservation of single post is impermissible
- Rule 14 of Karnataka Education Department Services (General) Rules
- 1998
- Article 16(4) of Constitution of India
- Article 14 of Constitution of India
- Article 226 of Constitution of India
