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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
P.S. Dinesh Kumar, T.G. Shivashankare Gowda, JJ.
Chandan N.V S/o Veerabhadrappa and Ors. – Petitioners
Versus
The State Of Karnataka Rep By Its Principal Secretary Department Of Internal Administration (Police Service-A) And Ors. – Respondents
Writ Petition No. 15873, 15929, 16127, 16203, 19603 of 2022, Writ Petition No.1960, 1993, 4377 of 2023
Decided On : 10-11-2023
Police Sub-Inspector Recruitment - The case involves allegations of malpractice in the recruitment process for the post of 'Police Sub-Inspector (Civil)' in the State of Karnataka. The selection procedure consisted of a physical test and a written test. The malpractices alleged include tampering of OMR answer sheets and the use of Bluetooth devices in the examination hall. The State Government ordered the cancellation of the examination results and the conduct of a fresh examination for all candidates. The court examined the allegations and concluded that the cancellation and the order for a fresh examination were justified to maintain the integrity of the selection process.
Fact of the Case:
The case involves allegations of malpractice in the recruitment process for the post of 'Police Sub-Inspector (Civil)' in the State of Karnataka. The written examination was conducted in 92 centres across the state, and certain complaints were received regarding malpractice in the examination. An investigation was conducted by the Crime Investigation Department (CID), and it was found that malpractices had taken place. The State Government ordered the cancellation of the examination results and the conduct of a fresh examination for all candidates. The petitioners challenged this order before the Karnataka State Administrative Tribunal (KSAT), which dismissed their applications. The petitioners then approached the High Court.
Finding of the Court:
The High Court considered the arguments of the petitioners, who sought the segregation of tainted and untainted candidates and the completion of the selection process for the untainted candidates. The court also considered the arguments of the State Government, which contended that segregation was not possible due to the multi-dimensional nature of the malpractices and the involvement of the Head of the Recruitment Wing. The court examined the allegations of tampering of OMR answer sheets and the use of Bluetooth devices in the examination hall. It concluded that segregation was not possible and that the cancellation of the examination and the order for a fresh examination were justified to maintain the integrity of the selection process. The court also upheld the orders of the KSAT, which had dismissed the petitioners' applications.
Ratio Decidendi: The court held that the segregation of tainted and untainted candidates was not possible due to the multi-dimensional nature of the malpractices and the involvement of the Head of the Recruitment Wing. It further held that the cancellation of the examination and the order for a fresh examination were justified to maintain the integrity of the selection process. The court upheld the orders of the Karnataka State Administrative Tribunal (KSAT), which had dismissed the petitioners' applications.
Result: The writ petitions were dismissed by the court. The State Government was directed to entrust the process of re-examination to an independent agency without charging any fresh fee to the candidates.
ORDER :
Writ Petitions No.15873/2022, 15929/2022, 16127/2022, 16203/2022, 19603/2022, 4377/2023 arise out of common order dated 19.07.2022 and writ petitions No.1960/2023 and 1993/2023 arise out of common order dated 14.12.2022 passed by the KSAT [Karnataka State Administrative Tribunal]. As the prayers in these writ petitions are similar, they are heard simultaneously and disposed of by this common order.
2. Brief facts of the case are, on 21.01.2021, the Police Department called for recruitment for the post of ‘Police Sub-Inspector (Civil)’ in the State of Karnataka.
3. The selection procedure is carried out in two parts. Firstly, a physical test and secondly, a written test. The candidates who pass the physical test shall be eligible to take up the written examination consisting of a descriptive paper and an objective type paper.
4. On 03.10.2021, the written examination was conducted in 92 centres across Karnataka. Based on Provisional Selection List published on 19.01.2022, the candidates were called for verification of documents and medical test.
5. Certain complaints were received alleging malpractice in the written examination in Kalaburagi centre and particularly against one of the candidates namely, Veeresh Chandrashekhar. Accordingly, FIR No. 48/2022 was registered in Chowk Police Station, Kalaburagi against the said candidate for offences punishable under Section 120B, 465, 468, 471, 420 r/w. Section 34 IPC. The Home Minister of Karnataka directed the DG & IG [Director General and Inspector General] to entrust the enquiry to the CID [Crime Investigation Department].
6. An investigating team consisting of 19 members was formed to enquire into the allegations of malpractice. All the 545 selected candidates were called upon by the CID to submit carbon-copies of their OMR [Optical Mark Recognition] answer sheets. After investigation, the State Government vide order dated 29.04.2022 have ordered that fresh written examinations shall be conducted for all the candidates, who had earlier appeared. Feeling aggrieved by the said order, petitioners approached the KSAT and the KSAT has dismissed their applications holding that there was a ‘systemic failure’ of the recruitment process.
7. Heard Shri. P.S. Rajagopal, learned Senior Advocate for the petitioners in W.P. No.15929/2022; Shri. K.N. Phanindra, learned Senior Advocate for the petitioner in W.P.No.19603/2022; Shri. D.R. Ravishankar, learned Senior Advocate for the petitioners in W.P. No. 16127/2022; Shri. Santosh Nagarale, learned Advocate for the petitioners in W.P. Nos.15873/2022, 1993/2023 and 4377/2023; Shri. Shashi Kiran Shetty, learned Advocate General for the State and Shri. Reuben Jacob, learned Senior Advocate for the KPSC.
8. At the outset, we may record that the sum and substance of petitioners’ argument and the prayer urged is to direct the State Government to segregate the cases of those involved in the malpractice and complete the recruitment process in respect of other candidates.
9. Shri. Rajagopal, for the petitioners, praying to allow the writ petition, submitted that:
out of 545 selected candidates, only 53 candidates have been named in the charge sheet. Out of them, 52 candidates have been debarred vide Order dated 20.07.2023. There are no allegations against the remaining candidates;
in similar circumstances, the State Government have validated the appointments of untainted candidates of Gazetted Probationers of 2011 batch by promulgating Karnataka Civil Services (Validation of Selection and Appointment of 2011 batch, Gazetted Probationers) Act, 2022. The case on hand is similar to that of Gazetted Probationers of 2011. Hence, the untainted candidates in this case need to be protected by segregating their cases and completing the selection process;
there is no material to show that any effort was made by the State Government to segregate the tainted and untainted candidates;
the Investigating Team consists of seven constables who had also appeared for the writt
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