K. Nanjunda Swamy And Another vs State Of Karnataka And Others on 3 June, 1998
32. A learned Single Judge of Karnataka High Court in Nanjunda Swamy v. State of Karnataka, case (supra), the rules framed under the proviso to Article 309 of the Constitution regulating the services of the State servants have statutory force and the State Government is under a statutory duty to act in accordance with the quota rules. Further if prompt steps are not taken to make direct recruitment, the very object of attracting and having younger persons with higher academic qualifications and experienced officials promoted from the lower cadres in the prescribed proportion in a given cadre at all times, which is the object and purpose of prescribing recruitment from these two sources would be defeated. Moreover, unless direct recruitment vacancies are advertised as and when they become available, the candidates who have acquired the necessary academic qualifications are likely to become disqualified on the ground of age if for a number of years the vacancies are not advertised resulting in deprivation of equality of opportunity for employment guaranteed under Clause (1) of Article 16 of the Constitution.