BENGALURU: The Karnataka High Court issued notice to the State Government on a public interest litigation questioning the constitutional validity of the Karnataka Civil Services (Procedure for selection of candidates during recruitment) Act, 2018. The PIL alleged that this Act was enacted to protect the fraud committed by the Karnataka Public Service Commission (KPSC) in the appointment of gazetted officials.
A division bench of Chief Justice Abhay Shreeniwas Oka and Justice Sachin Shankar Magadum was hearing a petition filed by K R Khaleel Ahamed and 13 others. The petitioners contended that the Act was enacted to nullify the order dated June 21, 2016 passed by the high court in relation to selection of candidates for 1998, 1999 and 2004 Gazetted Group ‘A’ and ‘B’ posts by KPS.
They stated that the legislature cannot enact a legislation to defeat the effect of a judicial pronouncement, which was confirmed by the Supreme Court. Not only the judgment of the high court is nullified but also the arbitrariness committed in saving the illegal appointment is glaring. Strangely, by enacting the impugned Act, the government has tried to get out of the binding effect of the decision of the high court by resorting to its legislative power, the petitioners alleged.