Supreme Court orders fresh recruitment after scrapping Karnataka law on disputed KPSC appointments

BENGALURU: The Supreme Court has struck down a Karnataka law that sought to validate appointments arising from the Karnataka Public Service Commission’s (KPSC) 2011 recruitment process, which had earlier been cancelled over findings of widespread corruption and nepotism.

A bench of Justices J B Pardiwala and K Vinod Chandran declared the Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022, unconstitutional. The court held that the state legislature could not use a new law to override judicial decisions that had already upheld the cancellation of the recruitment process.

The bench also directed that appointments made under the disputed legislation must come to an end. It ordered the Karnataka government to initiate fresh recruitment for vacant Group A and Group B posts under the existing recruitment rules.

The court granted a one-time age relaxation to specified candidates from the 2011 selection process, including those who were not found tainted, the six appellants and petitioners in pending proceedings before the Karnataka Administrative Tribunal. They will be allowed to compete in the fresh recruitment alongside other eligible candidates.

The dispute dates back to November 2011, when the KPSC issued a notification to recruit 362 gazetted probationers. The selection process was halted after complaints of irregularities led to a Criminal Investigation Department (CID) inquiry. The investigation found evidence of manipulation, corruption and nepotism involving officials of the commission.

The state government cancelled the recruitment in 2014. The Karnataka High Court upheld the cancellation in 2018, and the Supreme Court subsequently declined to interfere with that decision.

In 2022, the state government enacted the validation law to revive the selection and facilitate appointments. The legislation was challenged by candidates who opposed the move, arguing that the state could not reverse a decision already upheld by the courts.

The Supreme Court said the recruitment had been invalidated because the entire selection process was tainted by corruption and nepotism, not merely because of procedural irregularities.

The bench also clarified that candidates who secure appointments through the fresh recruitment will receive seniority from the date of their new appointment. They will not be entitled to back wages or notional appointments for the intervening period. However, service rendered by those currently working under the earlier appointments will be counted for pension and retirement benefits if they are selected again.

The ruling brings a long-running recruitment dispute, which began nearly 15 years ago, to another turning point.

(With inputs from media reports)