Adjudicate gazetted probationers list on merits in 90 days: Karnataka HC to tribunal

The KPSC should also produce the record available with Tata Consultancy Services, which has conducted the evaluation, the court added.
For representational purpose
For representational purpose

BENGALURU: Remanding back the dispute over the final selection list of Gazetted Probationers-2015 published on January 10, 2020, to the Karnataka State Administrative Tribunal, with a request to adjudicate it on merits within a period of 90 days in accordance with law, the Karnataka High Court made it clear that the appointment made by the state should be subject to the final outcome of the order to be passed by the tribunal.

Without expressing any opinion on merits of the case, a division bench of Justice Satish Chandra Sharma and Justice Nataraj Rangaswamy issued this direction, while disposing of the petitions filed by BK Sudhanva Bhandolkar and others. The court also directed the Karnataka Public Service Commission (KPSC) not to destroy the record related to selection in question, and all the records whether it is in the form of electronic or physical data shall be produced before the tribunal.

The KPSC should also produce the record available with Tata Consultancy Services, which has conducted the evaluation, the court added. It said that it is needless to mention that in case the document is not produced or suppressed, the tribunal shall be free to draw an adverse inference in the matter. Bhandolkar and others have approached the tribunal for quashing the final selection list of Gazetted Probationers-2015. The latter has disposed of the Original Application with a liberty to approach it after collecting sufficient material, with respect to the ground raised in the application. Hence, they moved the HC. 

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