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MANU/KA/1317/2016

True Court CopyTM ILR-Kar

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

W.P. Nos. 27674, 41366, 27730, 43718, 43720-43732/2012, 4297 and 1733/2013 (GM-PIL)

Decided On: 21.06.2016

Appellants: Khaleel Ahmed K.R. and Ors. Vs. Respondent: The State of Karnataka and Ors.

Hon'ble Judges/Coram:
N. Kumar and B. Veerappa

ORDER

N. Kumar, J.

1. A classic case of white coloured, educated, highly placed men holding responsible posts in the administration, betraying the confidence reposed in them by the public of Karnataka is the subject matter of these proceedings. Behind the scene, how fraud, illegality, irregularity, deceit, is practiced to manipulate the results of the examination, and some of the selected candidates even before they are born in the cadre, are suffering from the vice of corruption, nepotism, casteism. The facts set out herein will unravel this sordid state of affairs in the Karnataka Public Service Commission, a premier, constitutional authority, constituted to recruit educated people to Civil Services, which is the subject matter of this public interest litigation.

2. The petitioners have preferred these writ petitions seeking a writ of certiorari for quashing the endorsement dated 09.07.2012 at Annexure N issued by the 2nd respondent, a writ in the nature of mandamus directing the respondents to reconsider the representation at Annexure-L made by them in the light of the final report of investigation submitted by the CID at Annexure-J and to direct the respondents to take appropriate steps/actions with regard to the vitiated selection process of 1998, 1999 and 2004, Gazetted Group A and B posts.

3. The said writ petitions are filed in the nature of class action or in public interest. Before we deal with the issues arising in these cases for a proper appreciation, it is necessary to notice the background of this litigation.

4. Karnataka Public Service Commission (for short, hereinafter referred to as 'the KPSC') issued a notification dated 09.03.1998 inviting applications for recruitment to the posts of Gazetted Probationers (Group A and B posts) in pursuance of a request of the State Government made on 04.02.1998 to select 415 candidates for Group A and Group B posts. In response to the said notification, KPSC received 85,598 applications. On scrutiny, 79,130 candidates were found eligible for preliminary examination. The mode of selection to these posts is governed by the Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examination) Rules, 1997 (for short 'the Recruitment Rules') made by the Government of Karnataka in exercise of power under Section 3(1) read with Section 8 of the Karnataka State Civil Services Act, 1978.

5. Rule 4 of the Recruitment Rules requires that a combined competitive examination for recruitment to one or more of the services or group of posts (mentioned in Schedule 1 to the Rules) shall be held every year, subject to availability of vacancies, in the manner set out in Schedule II to the Rules. As per the scheme of examination contained in Schedule II to the Rules, the competitive examination comprises of two stages viz.,

"1. Preliminary examination (Objective Type) for selection of candidat........