The absence of a competitive examination in the recruitment process for public employment violates constitutional rights, emphasizing the need for merit-based selection to ensure fairness and transparency.

ORDER :

“Strong competition is the essence of public employment there by allowing the state to select the best for public employment. Absence of competition means nothing but a disservice action”

These petitioners are calling-in-question the probity and legality of order dated 20-06-2023 passed by Karnataka State Administrative Tribunal (For short ‘Tribunal’) In Review Application No.33-67/2023 wherein, the Tribunal was pleased to dismiss the relief sought by these petitioners, who are third party litigants who sought for a reopen and rehear of O.A.No.952-1001/2022 which was partly allowed vide order dated 15.02.2023. Aggrieved, the petitioners, who were the applicants before tribunal, are before this court.

2. The facts that are apposite for consideration as borne out from the pleadings are as follows:

The Government of Karnataka vide order dated 25.05.2022 has framed Karnataka Animal Husbandry and Veterinary Services (Recruitment of Veterinary Officers) (Special) Rules, 2022 (for short ‘Special Rules, 2022’). Pursuant to which, applications for the Group-A post of Veterinary Officers came to be notified vide Notification No:CAH/EST/A-5/E-14/2022 dated 08.03.2022 and CAH/EST/A-5/E-14/A/2022 dated 08.03.2022. It in this background, some of the aspirants to the post that was called by the State Government, approached the Tribunal vide Application Nos.952-1001/2022 challenging the notification dated 25.02.2022 contending that, these applicants were aspirants for the civil posts of Veterinary Officers in the Government of Karnataka who are all Post-Graduates i.e., holders of Masters Degree in Veterinary Science (MVSc). They contended before the Tribunal that the State had notified the draft Rules, 2022 dated 31.01.2022 and the same is depraved for the reason that-

i. It did not recognize or accord the status of desirable or preferred qualifications to MVSc;

ii. It did not accord 5% weightage to candidates possessing MVSc qualification;

iii. It postulated for special recruitment based on Overall Grade Point Average (OGPA) and no written examination is proposed to be held for the selection of candidates;

iv. Recruitment is envisaged for 400 vacancies out of which 342 are regular vacancies and 58 backlog unfilled vacancies in previous recruitment and that 1512 upgraded posts in G.O dated 09-10-2017 have not been included in the recruitment;

v. There is no weightage of marks for past services.

3. Meanwhile document verification of originals were conducted from 20.05.2022 to 24.05.2022 and Kannada language test was conducted through KEA on 07.08.2022. Further, results were also announced on 29.10.2022.

4. Tribunal in pursuance to the direction given by this Court was pleased to quash the Special Rules 2022 supra in A.Nos.952-100/2022 vide dated 15.02.2023. Further in accordance with the order of the Tribunal, on 21.03.2023, a communication was addressed by the respondent-State to KPSC for recruitment of veterinary Doctors as per General Recruitment Rules. It is in this scaenarium, a Writ Petition No.7107/2023 came to be filed by the petitioners and the same was withdrawn with liberty to file Review Petition before the Tribunal on 19.04.2023. Accordingly, the Review Petition