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Supreme Court strikes down Karnataka law validating tainted 2011 recruitment

Bengaluru/New Delhi, Oct 30 (UNI) The Supreme Court has struck down a 2022 Karnataka law that sought to validate the controversial 2011 recruitment of Gazetted Probationers, holding 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, observing that the State Legislature could not undo the earlier judgments of the Karnataka High Court and the Supreme Court, which had upheld the cancellation of the recruitment process over allegations of widespread corruption and nepotism.
The court also directed the Karnataka government to initiate fresh recruitment to the vacant Group A and Group B posts under the existing recruitment rules, bringing an end to appointments made under the invalidated legislation.
In a significant observation on the limits of legislative powers, the Bench said 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 had 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 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, seeking to protect the interests of candidates who had been selected despite the earlier cancellation of the recruitment. The legislation was challenged before the courts, eventually reaching the Supreme Court.
Rejecting the argument that candidates not individually found tainted 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 was also critical of the State's changing positions on the recruitment controversy, questioning its attempt to revive a selection process that it had earlier cancelled following allegations of serious irregularities.
Considering the passage of nearly 15 years since the original recruitment, the court declined to restart the old selection process.
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, allowing them to compete in the fresh recruitment along with other eligible candidates.
The court clarified that those selected afresh would receive seniority only from the date of their new appointment and would not be entitled to back wages or notional appointment for the intervening period. However, their earlier service would be counted for pension and retirement benefits if they secured fresh appointments.
The appeals were allowed, and the 2022 legislation and the challenged High Court orders were set aside.
UNI BDN
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