KPSC selection will stay: Karnataka HC

BENGALURU: In a landmark judgement favouring eligible candidates who are fighting for justice for years, the Karnataka High Court on Tuesday held that the procedure followed by the KPSC in preparing the list of candidates who are admitted to the written examination and list of candidates who are called for the personality test in 1998, 1999 and 2004 for the post of Gazetted Probationers (Group A and B), is unconstitutional, and contrary to rules and government orders.

“However, on that ground the entire selection of 1998, 1999 and 2004 batch selection cannot be set aide," ordered the division bench, headed by Justice N. Kumar, and said that segregation of tainted/ineligible candidates is possible.  The court ordered that the KPSC should undertake certain steps to segregate the ineligible candidates.

“The KPSC shall prepare a separate list of candidates belonging to the reserved  category, who took the written examination, showing the marks secured in the written in the order of merit. From out of the names in the list prepared, KPSC is directed to prepare a list of candidates eligible to be called for preliminary test in the ratio of 1:5 which is, five times the number of candidates as there are vacancies reserved for each of the category out of reserved posts belonging to SC, ST and other backward classes,” it said.

The court made it clear that if the names of the selected candidates belonging to the reserved category find a place in this list, whether a general merit candidates or reserved candidates, then their appointment is valid and it shall not be disturbed.

“If the names of the selected candidates do not find a place in the list, then their appointment is void and is hereby set aside,” the court said. A revised list was prepared by the KPSC in response to an order dated October 11, 2002 which is affirmed by SC. The court asked the KPSC and government to give effect to the list.

The court ruled that the KPSC and the state government should take steps to frame rules or amend the existing rules giving effect to the recommendations of the Hota Committee.

Till such rules are framed or amended, the KPSC and the state government should follow the recommendations of the Hota Committee, it said. “The answer scripts for before 1999 have already been destroyed and this could prove to be a major disadvantage. This was KPSC’s mistake, not the candidates’," it said.

The HC  noted that the government has not fully implemented the report of a committee that was formed to prevent such irregularities. But with the court saying that the KAT could decide on the new appointments, the legal battle seems to be far from over.