Karnataka Civil Services Exam: Supreme Court Upholds Cancellation of Tainted Selection Process

The Supreme Court of India, in the case of Avinash C. & Ors. v. State of Karnataka & Ors., upheld the Karnataka High Court’s decision to annul the selection process for Group ‘A’ and Group ‘B’ Gazetted Probationers conducted by the Karnataka Public Service Commission (KPSC) in 2011. The Court found that the selection process was tainted with irregularities, including corruption and manipulation of interview scores.

The judgment, delivered by a bench comprising Adarsh Kumar Goel and Rohinton Fali Nariman, reaffirmed the principle that government selections must be free from any malpractices to ensure fairness in public employment.

Background of the Case

The case arose from the recruitment process conducted by KPSC following its notification dated November 3, 2011, for filling 362 posts in the Karnataka government. The examination process was completed in multiple stages:

• Preliminary examinations on April 22, 2012.
• Main written exams between December 15, 2012, and January 16, 2013.
• Interviews conducted between April 1, 2013, and May 27, 2013.

However, allegations of large-scale malpractices surfaced, leading to an inquiry by the Criminal Investigation Department (CID). The investigation revealed that bribes were allegedly demanded for selection, and the selection process had been manipulated. Based on CID’s interim report, the Karnataka government decided to annul the results and withdrew the requisition for appointments.

Key Legal Issues

• Whether the Karnataka government was justified in canceling the selection process based on CID’s findings.
• Whether the High Court’s decision to quash appointments made under the selection list was valid.
• Whether the entire selection process, including the written examination, was tainted, or if fresh interviews could be conducted while retaining the written exam results.

Arguments Presented

Petitioners’ Arguments

The candidates who had been selected and some who had already been appointed challenged the High Court’s decision, arguing:

• The High Court should not have quashed the selection process entirely.
• The written examination was conducted fairly, and only the interview process was affected by corruption.
• Instead of canceling the entire process, the government should have ordered fresh interviews.
• Some candidates had already been appointed, and their selection should not have been revoked.

State of Karnataka’s Arguments

The State of Karnataka defended the annulment of the selection process, contending:

• Serious irregularities were found in both the written examination and interview stages.
• Call records and other evidence showed improper communications between candidates and KPSC members.
• A large number of candidates were awarded the same marks in interviews, indicating pre-determined scores.
• The selection process was so deeply compromised that it could not be salvaged.

Supreme Court’s Observations

The Supreme Court upheld the High Court’s decision, agreeing that the selection process was tainted. It made the following key observations:

Corrupt Practices in the Selection Process

The Court found overwhelming evidence of corruption and favoritism:

“566 candidates were awarded identical marks in interviews, suggesting manipulation. The evidence indicates that extraneous considerations influenced the selection process.”

Additionally, the Court noted that digital records from KPSC had been tampered with:

“The digital video recorder in the KPSC building was replaced, indicating an attempt to destroy evidence.”

State’s Power to Cancel Tainted Selection Processes

The Supreme Court reiterated the government’s authority to annul corrupt selections:

“If the selection is found to be tainted, it is always open to the concerned authority to annul the process to maintain the purity of recruitment.”

The Court further emphasized:

“At the pre-appointment stage, cancellation of selection can be interfered with only if it is patently arbitrary, malafide, or illegal. In this case, there is no reason to interfere with the High Court’s decision.”

Final Judgment

The Supreme Court dismissed the appeals, holding:

• The annulment of the entire selection process was justified.
• The appointments already made under the tainted selection were declared illegal and quashed.
• However, the Court allowed candidates to approach the High Court within two weeks to argue that the written exam was fair and that only the interviews should be redone.
• The High Court was directed to decide this issue within three months.

Implications of the Judgment

• This ruling reinforces the principle that public service appointments must be made through a fair and transparent selection process.
• It affirms that state governments have the authority to cancel corrupt recruitment processes even at the pre-appointment stage.
• The judgment sends a strong message against favoritism and bribery in government recruitment.
• It opens the door for future cases where courts may intervene to ensure the integrity of selection processes.
• The decision may prompt other states to conduct stricter monitoring of public service recruitments.

This landmark judgment upholds the need for fair and merit-based government recruitment while preventing corruption and manipulation in the selection process.

Petitioner Name: Avinash C. & Ors..
Respondent Name: State of Karnataka & Ors..
Judgment By: Justice Adarsh Kumar Goel, Justice Rohinton Fali Nariman.
Place Of Incident: Karnataka.
Judgment Date: 04-04-2018.

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