Whereas,
the draft of the Karnataka Recruitment of Gazetted Probationers (Appointment by
Competitive Examinations) Rules, 1996 was published as required by clause (a)
of sub-section (2) of Section 3 read with Section 8 of the Karnataka State
Civil Services Act, 1978 (Karnataka Act 14 of 1990), in Notification No. DPAR
07 SRR 94, dated 3rd June, 1996 in Part IV, Section 2-C(i) of the Karnataka
Gazette, Extraordinary, dated 4th June, 1996 inviting objections and
suggestions from all persons likely to be affected thereby, within thirty days
from the date of its publication in the Official Gazette. Whereas,
the said Gazette was made available to the public on 4th June, 1996. And
whereas, the objections and suggestions received have been considered by the
State Government. Now,
therefore, in exercise of the powers conferred by sub-section (1) of Section 3,
read with Section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka
Act 14 of 1990), the Government of Karnataka hereby makes the following rules,
namely.-- (1)
These rules may be called the
Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive
Examinations) Rules, 1997. (2)
They shall come into force from the
date of their publication in the Official Gazette. (1)
In these rules, unless the context
otherwise-requires.-- (i)
"Available Vacancies" means
the vacancies determined by the Government in accordance with the rules of
recruitment applicable in respect of each service/cadre specified in Schedule I
for the purpose of recruitment under these rules; (ii)
"Commission" means the
Karnataka Public Service Commission; (iii)
"Government" means the
Government of Karnataka; (iv)
"List" means the list of
candidates prepared in accordance with rule; (v)
"Other Backward Classes"
means other backward classes as determined by the Government from time to time,
for the purpose of reservation of vacancies as per clause (4) of Article 16 of
the Constitution of India; (vi)
"Schedule" means the
Schedule to these rules. (2)
All oilier words and expressions used
in these rules and not defined shall have the same meaning as in the Karnataka
Civil Services (General Recruitment) Rules, 1977. (1)
(a) The provisions of these rules
shall apply in respect of direct recruitment to the Group 'A' and Group 'B'
posts in the State Civil Services specified in column (3) of Schedule I
relating to the services specified in the corresponding entries in column (2)
thereof. (b)
Government may, by order, amend Schedule I for inclusion of any new posts or
deletion of any of the existing posts in any State Civil Services. (2)
These rules shall have effect
notwithstanding anything to the contrary contained in.-- (i)
the cadre and recruitment rules, for
the time being in force applicable to the services/posts in the State Civil
Services referred to in clause (a) of sub-rule (1); and (ii)
the Karnataka Civil Services (General
Recruitment) Rules, 1977. (3)
Such number of available vacancies as
determined by the Government in accordance with the rules of recruitment
applicable to the respective services or posts referred to in clause (a) of
sub-rule (1) shall be filled up by direct recruitment after selection of
candidates by the Commission in accordance with the provisions of these rules.
For this purpose, Government shall classify the available vacancies as per the
orders of reservation in force and release them to the Commission for
recruitment. (1)
(a) A combined competitive examination
for recruitment to one or more of the services or groups of posts mentioned in
Schedule I shall be [1][at
such intervals as the Government may decide], subject to availability of
vacancies, in the manner set out in Schedule II. (b)
Government may, by order, amend Schedule II for making any addition, alteration
or deletion of any subject or syllabus of a subject. (2)
The Commission shall invite
applications in the prescribed form for the competitive examination from the
intending eligible candidates. (3)
The candidates who apply for the
competitive examinations shall clearly indicate in their application forms the
services or posts for which they wish to be considered for appointment in the
order of preference. They shall not be considered for such of the services or
posts which are not preferred by them. Every
candidate must have attained the age of 21 years and not attained the age of 33
years as on the last date specified for receipt of application or on such other
date as may be specified by the Government: Provided
that the upper age limit shall be relaxed by five years in respect of a
candidate who belongs to Scheduled Castes or Scheduled Tribes or Category I of
Other Backward Classes and by three years in respect of a candidate who belongs
to other categories of Backward Classes: Provided
further that the upper age limit shall be relaxed in the case of a candidate
who is an ex-serviceman, by the number of years of service rendered by him in
the Armed Forces of the Union: [2][Provided also that for the category of posts of Section
Officers (other than Section Officers (Drafting), Department of Parliamentary
Affairs and Legislation and Section Officer (Legal Cell), Special
Commissioner's Office, New Delhi) in the Karnataka Government Secretariat
Service, the Members of the Karnataka Government Secretariat Service belonging
to any of the cadres, namely, the cadres of Senior Assistants, Drafting
Assistants, Assistants, Stenographers, Junior Assistants and Typists shall be
eligible to be considered for selection subject to their having put in a
service of not less than three years (excluding the period of probation and
officiation) in any one or more of the said cadres and the upper age limit
prescribed shall not be applicable to them,] Every
candidate appearing for the examination, who is otherwise-eligible shall be
permitted for not more than five attempts at the examination subject to the age
limits prescribed. Appearance of the candidate at the preliminary examination
shall be deemed to be an attempt irrespective of disqualification or
cancellation, as the case may be, of his candidature. (1)
No candidate shall be eligible for
recruitment under these rules unless he possesses a Bachelor Degree awarded by
a University established by law in India or possesses an equivalent
qualification. (2)
No candidate shall be eligible for
appointment to the posts, for which specific physical standards are prescribed
in the rules of recruitment specially made, unless he satisfies the prescribed
physical standards. There
shall be reservation of vacancies for candidates belonging to Scheduled Castes,
Scheduled Tribes and Other Backward Classes to the extent provided for by the
Government by any general or special order from time to time. The
Commission shall, subject to the provisions of these rules, make necessary
arrangements relating to the conduct of competitive examination to be held by
it in pursuance of Rule 4 of these rules. The Commission shall openly advertise
the vacancies in the Karnataka Gazette and in one or more of newspapers in
regional language having wide circulation in the State specifying the
conditions of eligibility, the nature of competition, the provisional number of
vacancies to be filled up and the reservations available in favour of Scheduled
Castes, Scheduled Tribes and Other Backward Classes and others. The
decision of the Commission as to the eligibility or otherwise of a candidate
for admission to the examination shall be final and no candidate to whom a
certificate of admission has not been issued by the Commission shall be
admitted to the examination. (1)
Subject to the provisions of sub-rule
(3) of Rule 4 and Rule 8, and the number of posts advertised for each of the
services in Group 'A' and Group 'B', the Commission shall prepare separate
lists of names of the candidates equal to the available number of vacancies
considered suitable for appointment for each of the said services in Group 'A'
and Group 'B' arranged in the order of merit determined on the basis of total
marks secured in the main examination comprising written examination and
personality test: Provided
that the name of a candidate shall not be included in more than one such list. (2)
The list prepared under sub-rule (1)
shall be published by the Commission in the Official Gazette and the copies
thereof shall be forwarded to.-- (i)
the Government together with the marks
secured by each of the candidates in the written examination and personality
test; and (ii)
each candidate whose name is included
in such list. (3)
Candidates whose names are included in
the list prepared in accordance with the provisions of sub-rule (1) shall be
considered for appointment to the vacancies notified in each of the services'
and groups of posts in the order in which their names appear in the list: Provided
that, no candidate shall be appointed unless the Government is satisfied after
such enquiry and verification as may be considered necessary that the candidate
is suitable for such appointment. Inclusion
of a candidate's name in the list by itself confers no right for appointment. Except
in respect of matters for which provision is made in these rules, the
provisions of the Karnataka Civil Services (General Recruitment) Rules, 1977,
shall be applicable for purposes of recruitment under these rules. The
Karnataka Civil Services Rules, the Karnataka Civil Services (Probation) Rules,
1977 and such other rules for the time being in force together with such other
rules as may be made from time to time regulating the conditions of service
made under the Karnataka State Civil Services Act, 1978 (Act 14 of 1990),
insofar as they are not inconsistent with the provisions of these rules shall
be applicable to probationers appointed under these rules. A
candidate found guilty of.-- (i)
impersonation or of submitting
fabricated document or documents which have been tampered with or of making
statements which are incorrect or false or of suppressing material information
or of using or attempting to use unfair means in an examination conducted for
purposes of recruitment or otherwise resorting to any other irregular or
improper means in connection with his recruitment; (ii)
using any unfair means during the
examination or subsequently violating any of the instructions issued by the
Commission; (iii)
misbehaving in examination hall, may
in addition to rending himself liable to criminal prosecution and to
disciplinary action shall-- (a)
be disqualified by the Commission from
the examination for which he is a candidate and; or (b)
be debarred either permanently or for
a specified period.-- (i)
by the Commission, from admission to
any examination or selection; and (ii)
by the Government from employment in
the State Civil Services: Provided
that no action under this rule shall be taken except after.-- (i)
giving the candidate an opportunity of
making representation in writing as he may wish to make in that behalf; and (ii)
considering the representation, if
any, submitted by the candidate within the time specified. (1)
The Karnataka Recruitment of Gazetted
Probationers (Appointment by Competitive Examinations) Rules, 1966 (hereinafter
referred to as the 'said rules'), are hereby repealed: Provided
that the said repeal shall not affect the previous operation of the said rules
or anything duly done or suffered thereunder or affect any right, liability or
obligation acquired, accrued or incurred under the said rules. (2)
Any reference in any rule or order to
the said rules repealed by sub-rule (1) shall be construed as a reference to
these rules. (3)
All proceedings commenced under the
said rules repealed by sub-rule (1) and pending on the date of commencement of
these rules shall be continued and disposed of in accordance with the
provisions of the repealed rules. (4)
Notwithstanding the repeal of the said
rules by sub-rule (1), if the process of recruitment to any of the posts
covered by the said rules has already commenced and is pending on the date of
commencement of these rules it shall be finalised in accordance with said rules
which were in force prior to the commencement of these rules.KARNATAKA RECRUITMENT OF GAZETTED
PROBATIONERS (APPOINTMENT BY COMPETITIVE EXAMINATIONS) RULES, 1997
PREAMBLE