Case Note & Summary
The petitioner, Pankaj Premanand Nagekar, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, challenging the order dated 20.09.2018 passed by the Karnataka State Administrative Tribunal, Bangalore, in Application No.7061/2018, which rejected his application. The petitioner contended that Rule 9(1) of the Karnataka Civil Services (General Recruitment) Rules, 1977 is unconstitutional. Rule 9(1) provides for reservation of ten per cent of vacancies for ex-servicemen and members of families of physically handicapped persons in direct recruitment. The petitioner argued that this rule violates Articles 14 and 16 of the Constitution. The court, after hearing the petitioner's counsel, Ms. Farah Fathima, and perusing the record, dismissed the writ petition. The court held that Rule 9(1) is a valid piece of subordinate legislation and does not infringe upon the fundamental rights guaranteed under Articles 14 and 16. The reservation for ex-servicemen and physically handicapped is a reasonable classification and serves a public purpose. The court found no merit in the petition and accordingly dismissed it.
Headnote
A) Constitutional Law - Reservation for Ex-Servicemen and Physically Handicapped - Validity of Rule 9(1) - Karnataka Civil Services (General Recruitment) Rules, 1977, Rule 9(1) - The petitioner challenged Rule 9(1) as unconstitutional. The court held that the rule is a valid piece of subordinate legislation and does not violate Articles 14 and 16 of the Constitution. The reservation for ex-servicemen and physically handicapped is a reasonable classification and serves a public purpose. (Paras 1-3)
Issue of Consideration
Whether Rule 9(1) of the Karnataka Civil Services (General Recruitment) Rules, 1977 is unconstitutional being violative of Articles 14 and 16 of the Constitution of India?
Final Decision
The writ petition is dismissed. The order dated 20.09.2018 passed by the Karnataka State Administrative Tribunal is upheld. Rule 9(1) of the Karnataka Civil Services (General Recruitment) Rules, 1977 is held to be valid and not violative of Articles 14 and 16 of the Constitution of India.
Law Points
- Constitutional validity of reservation for ex-servicemen and physically handicapped
- Rule 9(1) of Karnataka Civil Services (General Recruitment) Rules
- 1977
- Articles 14 and 16 of the Constitution of India
Case Details
2018 LawText (KAR) (10) 12
Writ Petition No.47604/2018 (S-KSAT)
H.G.Ramesh, S.Sunil Dutt Yadav
Ms. Farah Fathima for Ms. Latha S.Shetty
State of Karnataka, Karnataka Public Service Commission
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Nature of Litigation
Writ petition challenging the order of Karnataka State Administrative Tribunal rejecting the petitioner's application challenging the constitutional validity of Rule 9(1) of the Karnataka Civil Services (General Recruitment) Rules, 1977.
Remedy Sought
Quashing of the order dated 20.09.2018 passed by the Karnataka State Administrative Tribunal in Application No.7061/2018 and declaration that Rule 9(1) is unconstitutional.
Filing Reason
The petitioner's application before the Tribunal was rejected, and he seeks to challenge the constitutional validity of Rule 9(1) of the Rules.
Previous Decisions
The Karnataka State Administrative Tribunal rejected the petitioner's application on 20.09.2018.
Issues
Whether Rule 9(1) of the Karnataka Civil Services (General Recruitment) Rules, 1977 is unconstitutional being violative of Articles 14 and 16 of the Constitution of India?
Submissions/Arguments
The petitioner argued that Rule 9(1) is unconstitutional as it violates Articles 14 and 16 of the Constitution.
Ratio Decidendi
Rule 9(1) of the Karnataka Civil Services (General Recruitment) Rules, 1977 is a valid piece of subordinate legislation. The reservation for ex-servicemen and physically handicapped is a reasonable classification and does not violate Articles 14 and 16 of the Constitution of India.
Judgment Excerpts
Heard. Perused the record. This writ petition is directed against the order dated 20.09.2018 whereby the Karnataka State Administrative Tribunal has rejected the petitioner's application.
The case of the petitioner is that Rule 9(1) of the Karnataka Civil Services (General Recruitment) Rules, 1977 (‘the Rules’) is unconstitutional.
In my opinion, Rule 9(1) of the Rules is a valid piece of subordinate legislation and does not violate Articles 14 and 16 of the Constitution of India.
Procedural History
The petitioner filed Application No.7061/2018 before the Karnataka State Administrative Tribunal challenging the constitutional validity of Rule 9(1) of the Karnataka Civil Services (General Recruitment) Rules, 1977. The Tribunal rejected the application on 20.09.2018. Aggrieved, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka.
Acts & Sections
- Constitution of India: Articles 14, 16, 226, 227
- Karnataka Civil Services (General Recruitment) Rules, 1977: Rule 9(1)
