Recruitment irregularities hit constitutional mandate: Karnataka HC

The Karnataka High Court has observed that allegations of large-scale irregularities in the KPSC recruitment of 400 Veterinary Officers, if ultimately established, would amount to “not sporadic irregularities, but a systematic assault upon the constitutional mandate governing public employment.”

The bench sought the Karnataka Government’s response on a plea to transfer the probe to the CBI during the hearing on July 29.

Hearing a petition filed by Manjunath, Justice M Nagaprasanna observed that recruitment to public office is the gateway through which the constitutional promise of equality of opportunity under Article 16 finds practical expression and that if the process becomes susceptible to “manipulation, favouritism or pecuniary influence”, the casualty is not merely the unsuccessful candidate but also the credibility of every public institution entrusted with selecting the best candidates.

Appearing for the petitioner, advocate Girish Bharadwaj contended that permitting the investigation to remain with the Crime Investigation Department (CID) would be futile in view of the magnitude of the alleged recruitment scam and argued that public confidence could be restored only if the investigation was entrusted to the CBI. The court noted that the complaint alleged the recruitment process was not merely marred by isolated irregularities but was “thoroughly contaminated by an organised design to subvert merit itself”.

It referred to allegations that candidates with outstanding academic credentials were left out of the select list while several others with comparatively weaker academic records secured unusually high marks, raising grave suspicion over the fairness of the selection process.

The order further recorded allegations that certain candidates had access to confidential examination material before the test, that OMR answer sheets were subsequently manipulated, and that middlemen had promised appointments in exchange for large sums of money.

It observed that, if the allegations withstand judicial scrutiny, they would disclose a systematic attack on the integrity of public recruitment rather than isolated irregularities. The High Court directed the Special Public Prosecutor to explain why the investigation, presently entrusted to the CID, should not instead be transferred to the CBI, particularly in the backdrop of the petitioner’s allegation that previous CID investigations in matters of considerable public importance had failed to inspire confidence in the fairness and completeness of the investigative process.

The court directed the respondents to file their objections by August 7 and ordered that the entire investigation record and all material collected so far be placed before it on the next date of hearing. It also directed that no coercive action be taken against the petitioner in connection with the subject crime until then.

The matter has been posted for further hearing on August 7.

The Karnataka Public Service Commission (KPSC) has been in turmoil following Governor Thaawarchand Gehlot suspending its Chairman Shivashankarappa S Sahukar on July 13, following allegations that he allegedly facilitated the illegal selection of his two daughters as Industrial Extension Officers.