Appointments to KPSC: HC directs amendment of plea

The High Court of Karnataka on Monday sought to know whether it has the power to issue a writ of mandamus to the Governor.

The issue came up while a division bench comprising Justices K L Manjunath and Pawan Kumar Bhajantri was hearing a PIL seeking an order or direction from the court to the Governor for framing guidelines on selection of chairperson and members of the Karnataka Public Service Commission (KPSC).

The bench observed that the grievance was with regard to appointment of chairperson and members to the KPSC and that the petitioner could approach the court if any undesirable person had been appointed. It directed the petitioner to amend the petition by deleting the directions sought to governor from the court, in the prayer.

Senior counsel Uday Holla, appearing for petitioner T J Abraham, a social activist, submitted that the selected candidates should get clearance from the Lokayukta to hold the posts and the State government had not followed norms while making
appointments to the KPSC.

Advocate General Ravivarma Kumar said that the Governor was not answerable to any court and he could not be made answerable to anybody.  He told the Court that the State government was planing to write to the Centre about framing guidelines, rules and regulations for making appointments to the KPSC.  
Terming the PIL as ‘hopelessly premature’, AG said that government had not made any appointment and was seeking guidance from the Central government as there had been no guidelines framed in the first place.  He said that there were many vacant posts and the commission itself was short of hands.

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