In a setback to the Karnataka Public Service Commission (KPSC), the High Court of Karnataka on Tuesday held that the KPSC had violated the ratio in shortlisting the number of candidates for personality tests to the posts of Gazetted Probationers Group ‘A’ and ‘B’ in 1998, 1999 and 2004 recruitment batches.
However, the court refused to quash the entire selection process, while pointing out that the data disclosed by the KPSC indicate that more persons than the prescribed ratio were called for the personality tests in all reserved categories and hence, merit list has to be redone only in the reserved categories.
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A Division Bench, comprising Justice N. Kumar and Justice B. Veerappa, in its verdict, pointed out that the KPSC, for the 11 posts reserved for category ‘3A’ in the 1998 batch, had called 169 candidates for the personality tests, instead of 55 candidates in gross violation of the rule, which mandates 1:5 ratio for calling of candidates for personality tests.
The Bench said that it meant several candidates, who were placed beyond serial number 55, did not have the eligibility to appear for the personality test as per the rule.
If in the personality test, by virtue of more marks given to them, their names find place in the list of candidates selected for appointment to the posts, it is obvious that it is the marks which they have scored in the personality test that played a crucial role in their selection, the Bench observed.
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‘More marks’
In other words, the Bench said, a candidate who was not eligible to be called for personality test, had secured a place in the merit list and therefore, such appointments cannot be upheld.
Two months’ time
With these observations, the Bench directed the KPSC to prepare a merit list based on marks obtained in the final exam by all persons under each reserved category.
From such lists, the Karnataka Public Service Commission has to prepare a merit list in the ratio of 1:5 in each category.
If names of already selected candidates are within the prescribed limit as per the ratio, then their selection is valid else their appointment is set aside, the court said, while directing the KPSC to redo the process within two months.
A classic case of educated, highly-placed men holding responsible posts in the administration, betraying the confidence reposed in them by the public of Karnataka, is the subject matter of these proceedings. Behind the scene, how fraud, illegality, irregularity, deceit, is practised to manipulate the results of the examination, and some of the selected candidates even before they are born in the cadre, suffer from the vice of corruption, nepotism, and casteism. The facts set out herein will unravel this sordid state of affairs in the KPSC — HC judgment