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K.JAYACHANDRA REDDY, J. This appeal is directed against the order of the Administrative Tribunal, Bangalore dismiss- ing an application filed by the appellant. The principal question involved is whether SubRule (2) of Rule 3 of Karna- taka Civil Services (General Recruitment) Rules, 1977 ('General Rules' for short) has the overriding effect over the Karnataka General Service (Motor Vehicles Branch) (Recruitment) Rules, 1976 ('Special Rules' for short). For a better appreciation of the question it becomes necessary to state few facts. The appellant was appointed initially as Inspector of Motor' Vehicle and was promoted as Assistant Regional Transport Officer in the year 1976 in which year the Special Rules were framed. In the year 1981 the appellant was promoted as Regional Trans- port Officer. Some of the General Rules of 1977 were amended in the year 1982 and Sub-Rule 2 of Rule 3 was inserted in the said Rules. In the year 1989 the second respondent was promoted as Deputy Commissioner of Transport on seniority- cure-merit basis alone as purported to have been provided in new Rule 3(2) of General Rules. Being aggrieved by the same the appellant filed an Application No. 3155/89 before the Karnataka Administrative Tribunal questioning the promotion of second respondent on the ground that the promotion to the post of Deputy Commissioner of Transport should be by selec- tion from the cadre of Regional Transport Officers and not merely on seniority-cum-merit basis. His application was dismissed by the Tribunal holding that Rule 3(2) of General Rules which was introduced later overrides the earlier Special Rules. It is this order which is questioned in this appeal.

This appeal by Special Leave has been filed by Sri R.S. Raghunath against the order of the Karnataka Administrative Tribunal, Bangalore, dated 9th August, 1990. Before the Tribunal the appellant sought a declaration that the promo- tion of Shri I.K. Devaiah, respondent No. 2 herein, was illegal and to direct the respondent No. 1 to consider the case of the appellant for promotion to the cadre of Deputy Transport Commissioner with all consequential benefits. The Tribunal dismissed the application filed by the appellant. The Tribunal was called upon to construe Rule 3(2) of the Karnataka Civil Services (General Recruitment) Rules, 1977 as amended in June, 1982 (hereinafter referred to as "the General Rules')The Tribunal, after considering the general Rules took the view that the non-obstante clause in Rule 3(2) of the General Rules which was introduced after framing of the Karnataka General Service (Motor Vehicles Branch) (Recruitment) Rules, 1976 (in short 'the Special Rules') clearly indicates the intention to supersede the special law. The Tribunal took the view that the general principle that the special law prevails over the general law has one exception and that is a later general law prevails over earlier special law if it clearly indicates the intention to supersede the special law. The Tribunal held that a non- obstante clause in Rule 3(2) of the General Rules, which was enacted after the Special Rules, clearly indicates the intention to supersede the special law. The controversy rises in the following circumstances.

The substantive part of Rule 3(1) described various methods of recruitment but stated that the methods of re- cruitment and qualifications shall be as specified in the rules of recruitment specially made in that behalf. The first proviso described that when in the Special Rules for recruitment no provision is made for direct recruitment, the method of recruitment shall be by selection after an inter- view by the Commission, the Advisory or Selection Committee to the Appointing Authority, as the case may be. The second proviso to Rule 3(1) contemplated that no person shall be eligible for promotion unless he has satisfied three com- pleted years of probation or officiation, as the case may be, in the post held by him. The second proviso is by way of abundant caution in view of the Karnataka Civil Services (Probation) Rules, 1977 (hereinafter referred to as 'the Probation Rules') because of Probation Rules contemplated that the period of probation shall be as may be provided for in the rules of recruitment specially made for any service or post, which shall not be less than two years'. The Proba- tion Rules also contemplated declaration of satisfactory completion of probation at the end of the prescribed period of probation as extended or reduced by the appointing au- thority. It may be useful to note that Rule 19 of the Gener- al Rules also dealt with probation and appointments by promotion. It is clear from reading of Rules 1, 2 and 3, as originally enacted, of the General Rules that so far as the Special Rules expressly provided to any particular branch of the State Service that was to prevail over the General Rules. Rule 3A, as amended, provided for qualifica- tion in respect of ex-servicemen, irrespective of the provi- sions of the Special Rules. Rule 4 provided the procedure of appointment. It also provided that if the appointment is by way of selection, how a selection has to be conducted and if the recruitment is by way of promotion, how it has to be done. Rule 5 provided for disqualification for appointment. Rule 6 provided the age limit for appointment. Rule 8 pro- vided for reservation of appointments for scheduled castes, scheduled tribes, backward tribes etc. Rule 9 contained provision for ex-servicemen and physically handicapped notwithstanding anything contained in the Special Rules. Rule 10 contemplated conditions relating to suitability and certificates of character. Rule 11 provided for procedure how the applications have to be made by the Government servants for recruitments. Rule 16 provided for relaxation notwithstanding the provisions contained in the General Rules or the Special Rules. Rule 16 A provided for appoint- ment by transfer. Rule 17 dealt with appointment by direct recruitment or by promotion in certain cases notwithstanding anything contained in the General or Special Rules. All these Rules arc applicable to all the posts except to the extent as contemplated by Rule(3) of the General Rules. This was the position at the time of enactment of General Rules in 1977.

It is clear from Rule 1(3)(a) of the General Rules that the General Rules apply to recruitment to all State Services and to all posts in connection with the affairs of the State. A perusal of different rules in the General Rules makes it clear that the general provisions which apply to recruitment to all posts under the Government are specified in those Rules instead of repeating them in each and every Special Rules of recruitment relating to different depart- ments. For example, provisions relating to age limit for recruitment, disqualification for recruitment, joining time etc. should find place in Special Rules and normally they should be uniform for all categories of posts. Instead of repeating them in all Special Rules of each department they have been put in one set of rules known as the General Rules. It would be impossible to limit the application of the General Rules only for recruitment to posts for which no Special Rules have been made. If that was so, what arc the provisions relating to disqualification, age limit, joining time etc. for posts for which Special Rules governing of recruitment have been made ? There are no other rules gov- erning the subject except the General Rules.