BENGALURU: In a major victory to 362 gazetted probationers of the 2011 batch, the Karnataka State Administrative Tribunal (KSAT) on Wednesday quashed the state government's order annulling their selection. The tribunal also directed the Department of Personnel and Administrative Reforms (DPAR) to issue appointment orders to the candidates within two months. The final selection list was prepared by Karnataka State Public Service Commission (KPSC).
In the 146-page ruling, the bench of AP Joshi and G Shanthappa allowed petitions filed by Devaraja B and others while quashing the government order dated August 14, 2014, terming it unconstitutional.
However, the tribunal gave liberty to the DPAR to act in accordance with the proviso Rule 11 of the 1997 rules, if any candidate is found unsuitable for such appointment. The government had cancelled the final list of candidates based on interim CID reports of alleged irregularities, nepotism and corruption n KPSC's selection process.
"If the state government is not satisfied, it may investigate the matter on allegations made by candidates. After due enquiry and verification, the government has to segregate tainted candidates and non tainted candidates and issue order of appointment to the non-tainted candidates. There was no attempt made to such an exercise before cancelling the process," the tribunal said. It further said that the Supreme Court has held that "for the mistake of the appointing authority, the selected candidate should not be made to suffer". "Cancellation of entire selection is illegal," it added.
The tribunal further said that once the state government requests the KPSC to submit final selection list for appointment, the same cannot be withdrawn. "Hence, the cancellation of appointment based on final list is highly outrageous in its defiance of logic and of accepted moral standards giving an impression that authorities have taken leave of their senses," the tribunal said.
It rapped the government,saying it has no power to meddle with recruitment process and had ignored the independent constitutional status of the KPSC under Article 320 of the Constitution.