Decision on KPSC scam 'legally and morally' incorrect: Experts

The Karnataka Cabinet decision withdrawing sanction for prosecution of the former Karnataka Public Service Commission chairman and nine members in connection with alleged irregularities in the recruitment of gazetted probationers of the 2011 batch could end up being a legal quagmire.

Legal experts feel that there are enough grounds to challenge the decision, which is "legally or morally" incorrect, and the government should have allowed the courts to decide the 2011 case rather than adopt the "protectionist" policy.

Candidates affected adversely by the 2011 scam wonder on whom the government would fix the responsibility or if all 362 of them selected that year will be absorbed, even as their decade-long struggle continues.

Speaking to DH, former Supreme Court judge and Lokayukta Justice N Santosh Hegde said that the Cabinet decision reflected some sort of "protectionist activity" to save somebody. "Prima facie, in my opinion, this is a clear case in which (prosecution) sanction should have been given. Refusal of sanction should normally be an exception," he said, noting that the government should have left this to the courts to decide.

Former advocate-general Ashok Haranahalli said that the decision to refuse prosecution sanction against those involved in selecting 362 candidates in 2011, does not mean that they can now be absorbed into government service.

"This is not an easy issue as the Cabinet decision can be challenged in Court. What will happen in the case remains to be seen," he said.

According to High Court lawyer Vikram Phadke, the decision was "legally and morally" wrong, irrespective of the reasons the government had to take such a call.

Meanwhile, candidates who lost out due to the alleged irregularities in KPSC recruitment in 2011 are expected to approach the Court against the decision. "Many of us have lost several years due to the irregularities. If nobody in KPSC was guilty for the mess, who is responsible then?" Srinath K, one of the candidates asked.

Of the 362 selected in 2011, around 140 cleared the exams subsequently in 2014 and 2015. "For many candidates, 2011 was the last opportunity for them to appear for exams. The government should at least consider them providing them another chance to appear as the alleged scam cost them their career," another candidate said.