The Karnataka High Court on Tuesday adjourned to August 14 the hearing on a petition filed by the Union Public Service Commission (UPSC) questioning the direction of the Bengaluru Bench of the Central Administrative Tribunal for holding a selection committee meeting for preparation of select list of 2016 for selection of non-State Civil Service (SCS) officers for selection to the IAS, Karnataka cadre.
In its petition, the UPSC questioned the correctness of the direction issued by the tribunal on February 9, 2018, by allowing a petition filed by two officers, A. Lokesha, who is working as Joint Controller in the office of the Finance Officer, Bangalore University, and T. Venugopalareddy, who is working as Finance Adviser, Sri Jayadeva Institute of Cardiac and Vascular Research, Bengaluru.
The UPSC had invoked Regulation 5C of the IAS (Appointment by Selection) Regulations, 1997, and decided against holding selection meeting as it was not possible for the UPSC to complete the selection process by December 31, 2017, as per the mandate of the law due to the delay on the part of the State government in sending the list of eligible candidates for the three vacancies notified from the cadre of non-SCS posts.
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The tribunal said that the officers had pre-eminent right to be considered for “promotion” by selection into the IAS cadre. However, the UPSC has contended before the High Court that the process of selection under the Regulations 1997 is “not an appointment by promotion”, but a selection process made in special circumstances when State government have non-SCS officers of outstanding merit and ability, and hence this does not confer any right of consideration/appointment to the non-SCS officers.
The High Court, in its interim order, has already stayed the operation of direction issued by the Tribunal on February 9, 2018, asking the UPSC to convene the selection committee meeting within 30 days.
The State government is contending that the list sent by it has to be be considered by the UPSC.
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