NEW DELHI, October 30 (Aalimi Nation) – The Supreme Court has struck down a 2022 Karnataka law that sought to validate appointments made under a 2011 civil services recruitment that courts had earlier set aside as tainted, and has directed the state to hold fresh recruitment.
A bench of Justices J B Pardiwala and K Vinod Chandran delivered the judgment on Thursday, October 29, in an appeal filed by Srinivasa T and others. Justice Chandran authored it. The court held that the Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022 is unconstitutional.
The bench said a legislature may change the legal basis on which a judgment rests, but it cannot "directly annul the final judgment by a subsequent legislation." The 2022 Act, it found, did not remove the basis of the earlier rulings that cancelled the selection. In effect, it overrode a final decision of the courts, which is impermissible.
Appointments made under the Act fell with it. The court observed that "the appointment of the selected candidates was only by virtue of the impugned legislation which we have found to be unconstitutional," and that "there could be no equity" for those selected through a process found to be tainted.
In November 2011, the state notified recruitment for 362 Group A and Group B gazetted probationer posts through the Karnataka Public Service Commission (KPSC). More than 1.38 lakh candidates applied.
After complaints of irregularities, the select list was withheld in 2013 and the Criminal Investigation Department examined the process. The probe alleged manipulation, corruption and nepotism involving KPSC officials. Courts later found improper evaluation, including identical interview marks for many candidates, and noted that a digital video recorder at the KPSC building had been replaced.
The recruitment was cancelled. The Karnataka High Court upheld the cancellation, and the Supreme Court declined to interfere. The state then brought the 2022 Act, arguing that candidates should not suffer for the failings of commission officials, since the candidates themselves had not been accused. The High Court rejected a challenge to the Act, which led to the appeal before the Supreme Court.
During the hearing, senior advocate Shyam Divan, appearing for the appellants, pointed to 566 candidates with identical marks and to the destruction of key examination records. These were submissions by the petitioners and not findings of the court. Senior advocate Kapil Sibal appeared for the state.
The court directed the state to notify fresh recruitment for the vacant Group A and Group B posts under the existing recruitment rules. Candidates from the 2011 process who were not found tainted, the six appellants and petitioners in pending Karnataka Administrative Tribunal proceedings have been given a one-time age relaxation to apply, along with other eligible candidates.
Those selected will get seniority only from the date of their fresh appointment and will not be entitled to back wages or a notional appointment from an earlier date. Serving officers who are selected again will have their earlier service counted for pension and retirement benefits.
The Karnataka government has not yet commented on the ruling. It is now expected to issue a fresh notification under the court's directions.
