Supreme Court quashes Karnataka law validating tainted 2011 Gazetted Probationers recruitment

Bengaluru/New Delhi, Oct 30 : The Supreme Court on Friday struck down the Karnataka government's 2022 law seeking to validate the controversial 2011 recruitment of Gazetted Probationers, ruling that the legislature cannot overturn or nullify judicial decisions through subsequent legislation.

A Bench comprising Justices JB Pardiwala and K Vinod Chandran declared the Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022, unconstitutional, holding that the State Legislature could not undo the earlier judgments of the Karnataka High Court and the Supreme Court that upheld the cancellation of the recruitment process over allegations of widespread corruption and nepotism.

The court directed the Karnataka government to initiate fresh recruitment to the vacant Group A and Group B posts under the existing recruitment rules, effectively bringing an end to appointments made under the invalidated legislation.

Explaining the limits of legislative powers, the Bench observed that while a legislature could retrospectively alter the legal basis of a judicial decision, it could not directly annul a final judgment through subsequent legislation.

The controversy dates back to November 2011, when the Karnataka government notified recruitment to 362 Group A and Group B Gazetted Probationer posts. More than 1.38 lakh candidates applied, of whom 1,090 were shortlisted for interviews.

Following complaints of irregularities in the selection process, the government withheld the final select list in 2013 and ordered a CID investigation. The probe reportedly uncovered widespread manipulation, corruption and nepotism involving officials of the Karnataka Public Service Commission (KPSC).

The recruitment process was subsequently cancelled, a decision upheld by the Karnataka High Court and later affirmed by the Supreme Court.

However, the State government enacted the 2022 validation law to protect the interests of candidates selected under the recruitment process despite its earlier cancellation. The legislation was challenged in court and eventually reached the Supreme Court.

Rejecting the argument that candidates not individually found guilty of irregularities should be allowed to retain their appointments, the Bench held that the entire selection process had been vitiated and could not be selectively validated.

The court observed that there could be no equitable consideration for appointments arising from a recruitment process already declared tainted by constitutional courts.

The Bench also questioned the State government's changing positions on the controversy, particularly its attempt to revive a selection process that it had earlier cancelled following allegations of serious irregularities.

Considering that nearly 15 years had elapsed since the original recruitment, the court declined to revive the old selection process. Instead, it granted a one-time age relaxation to eligible candidates from the 2011 recruitment who were not found tainted, the six appellants and petitioners in pending proceedings before the Karnataka Administrative Tribunal, enabling them to compete in the fresh recruitment along with other eligible candidates.

The court clarified that candidates selected afresh would be entitled to seniority only from the date of their new appointments and would not receive back wages or notional appointment benefits for the intervening period.

However, their earlier service would be counted for pension and retirement benefits if they secured fresh appointments.

Allowing the appeals, the Supreme Court set aside the 2022 legislation and the challenged High Court orders.