KPSC Bill: End to a decade-old struggle or start of new legal tangles?

Manoj Kumar, a candidate who wrote the 2011 Karnataka Public Service Commission (KPSC) exam, is hopeful that his 10-year wait for a government job will now be over.

He was among the candidates who cleared the 2011 gazetted probationers’ exam. However, his appointment, along with hundreds of others, was annulled owing to allegations of corruption in the selection process.

The government has tabled the Karnataka Civil Services (Validation of Selection and Appointment of 2011 batch Gazetted Probationers) Bill, 2022, in the Assembly to legitimise the appointment of 362 candidates who were selected in the 2011 exam.

“We have faced social trauma for 10 years. This Bill sets right the injustice done to us,” Manoj, 34, says.

While he is waiting, many of his batchmates cleared subsequent exams conducted by the KPSC.

The controversy began in 2013 when a candidate approached the then Advocate-General alleging irregularities in the interview process of the 2011 exam, the results for which were published in March 2013.

The government ordered a CID investigation and an interim report indicated irregularities in the selection process by some selection committee members.

The government then cancelled the results, asking KPSC to re-evaluate the answer scripts of the main written exam and to conduct the viva-voce in accordance with the Hota Committee recommendations.

In 2014, a few candidates challenged the government decision before the Karnataka Administrative Tribunal (KAT) and in 2016, the tribunal gave its judgment favouring the candidates.

A year later, the government decided to appoint these candidates.

However, candidates who were not selected in the exams approached the High Court against this decision.

The court quashed the government's decision to accept the appointments and the same was upheld by the Supreme Court (2019).

The government and the selected candidates argue that the CID report does not implicate any candidate.

“The CID report does not prove any allegations. When the charges against the members themselves have been dropped, it is evident that there was no malpractice in which candidates were involved,” Manoj adds.

In 2021, the government decided to drop the prosecution of the former chairman and nine former members of KPSC, after the secretary who was in charge of the exam process was acquitted.

The CID charge sheet mentions commission of offence by the chairman, members and staff of KPSC, along with some middlemen, but nowhere has any candidate been named as accused, the Bill states.

The government’s earlier decision to annul the appointments has also come under the scanner for not taking the legislature into confidence.

Congress MLC P R Ramesh, who has been among those demanding the appointment of these candidates says, “When the government wants to change the KPSC list or cancel it, it must be brought before the legislature with a memorandum listing out the reasons for this decision. When this has not been done, the government’s decision does not stand.”

Earlier this week, he moved a privilege motion on this in the Legislative Council. Nonetheless, there is much backlash against the Bill.

Last week, Karnataka State Dalit Graduates’ Association staged a protest against the Bill.

Lokesh V, president of the Association, terms the Bill a violation of the court orders.

“Although not all candidates are tainted, the CID report clearly mentions that some of the candidates were in touch with the members and their PAs over the phone. It also shows that marks of the main exam were tampered with.”

He says the current Bill effectively enables corruption in KPSC.

“It is being brought only to shield some candidates who are related to ministers, MLAs and KPSC members,” Lokesh claims, adding that his association will file a PIL in the High Court against the Bill.

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