”Backlog Vacancies Get Priority: Supreme Court Orders Re-appointment Based on Reservation Rules” Karnataka State Universities Act, 2000 – Karnataka State Civil Services (Unfilled Vacancies Reserved For Persons Belonging to the SC’s and ST’s) (Special Recruitment) Rules, 2001 – Rule 6 – Appointment – The case revolves around a service dispute regarding the appointment to a Scheduled Tribes (ST) reserved post at Bangalore University – The appellant was appointed based on merit, while respondent no. 7 was within the preferential age bracket – The main issue is whether the 2001 Rules apply to the university’s appointment process and if the appointment of the appellant, who was outside the age bracket, was legal – The appellant argued that the university should be governed by the Universities Act, not the 2001 Rules – Respondent no. 7 claimed that the university’s advertisement declaring the ‘Mode of Selection’ as per the 2001 Rules was correct – The court dismissed the appeals, ruling that the university’s advertisement was binding and the 2001 Rules were applicable – The court cited the amendment to Sec. 4(1A) of the Reservation Act, 1990, and subsequent government letters as mandating the university to follow the 2001 Rules for filling backlog vacancies – The court found that the university’s conduct in advertising the ‘Mode of Selection’ as per the 2001 Rules was in compliance with statutory requirements and government demands – The court concluded that respondent no. 7 should be appointed as per the 2001 Rules and suggested the university consider creating a supernumerary post to accommodate the appellant.

Bysclaw

May 5, 2024
Service Matters

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