The court established that in cases of widespread malpractice in recruitment processes, the integrity of the examination must be preserved, and it is permissible for the State to cancel the examination and order a re-examination to maintain public trust.

JUDGMENT

1. Writ Petitions No.15873/2022, 15929/2022, 16127/2022, 16203/2022, 19603/2022, 4377/2023 arise out of common order dtd. 19/7/2022 and writ petitions No.1960/2023 and 1993/2023 arise out of common order dtd. 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 21/1/2021, 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 3/10/2021, the written examination was conducted in 92 centres across Karnataka. Based on Provisional Selection List published on 19/1/2022, 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 Sec. 120B, 465, 468, 471, 420 r/w. Sec. 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 dtd. 29/4/2022 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 dtd. 20/7/2023. 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 wri