SC stays HC order on revising KPSC list

SC stays HC order on revising KPSC list

The Supreme Court on Friday stayed a Karnataka High Court order for revising the list of candidates selected by the Karnataka Public Service Commission (KPSC) through 1998, 1999 and 2004 examinations.

The High Court order affected the future of about 760 Karnataka government officers, some of whom faced demotion from their ranks. Some others were moved up in the hierarchy of posts allocated to them due to revised list prepared by the KPSC.

A three-judge bench presided over by Chief Justice H L Dattu issued a notice to the Karnataka government and the KPSC on a special leave petition challenging the High Court’s order of November 11.

Senior advocates P P Rao and S M Chandrashekhar contended that the High Court had erred by acting on a plea raised under the garb of public interest litigation on matters concerning service jurisdiction.

They said the High Court relied on a report by a fact-finding committee comprising PIL petitioners and their counsel.

Admitting the petitions for consideration, the apex court stayed further proceedings in the matter relating to the KPSC selection process.

The petition filed by Gopalakrishna H N and others claimed that the High Court cannot direct for re-moderation of the list on the basis of the PIL, relying on a CID investigation, which allegedly found irregularities in the selection process of 1998, 1999 and 2004 batches.

“The petitioners who have been set to be impleaded by the High Court direction on 16/09/2014 through web host in the website of the Karnataka High Court, are forced to face the demotion order which is contrary to principles of natural justice,” read the petition of Kavitha Mannikeri, an assistance commissioner, filed by advocate Nishanth Patil.

The petitioner claimed that unsuccessful candidates approached the High Court under writ jurisdiction for a service law remedy against the mandate of approaching the Karnataka Administrative Tribunal.

Selected candidates urged the court to stay the revised list prepared by the KPSC on the direction of the High Court.

The Karnataka High Court, on November 11, directed the KPSC to publish within 24 hours on its website the revised rank list of the candidates selected for gazetted probationers group A and B post in the 1998 batch of recruitment.

Candidates who joined group A posts like assistant commissioner were moved down to group B posts like tahsildar and some could move upwards to group A posts due to the revised rank list with the order.

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