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2025 Supreme(Online)(KAR) 5224

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.SOMASHEKAR, VENKATESH NAIK T, JJ
KARNATAKA EXAMINATION AUTHORITY – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP No. 2901 of 2024 | WP No. 8884 of 2024 | WP No. 2899 of 2024 | WP No. 2093 of 2024



Advocates:
For the Appellants/Petitioners: SMT. PRAMODHINI RANGANATH K. R., SRI DIVYATHEJ A.B.
For the Respondents: SRI VIKAS ROJIPURA, SRI VIJAYAKUMAR, SRI PRITHVEESH M.K., SRI NARASIMHARAJU

Eligibility criteria for public recruitment cannot be altered after the process has commenced, ensuring fairness and adherence to constitutional principles.

Headnote:(A) Constitution of India - Articles 14 and 16 - Recruitment process for Assistant Professors - The Karnataka Examination Authority challenged Tribunal's orders setting aside selection lists and directing appointments under SC/W quota - Tribunal found KEA's actions arbitrary, altering eligibility criteria post-application deadline, violating principles of fair recruitment - Court affirmed Tribunal's decision, emphasizing the integrity of recruitment processes and the importance of adhering to established eligibility criteria. (Paras 15, 34)

(B) Legal Principles - The doctrine of legitimate expectation in public law requires public authorities to honor established procedures and criteria in recruitment processes - Any alteration of eligibility criteria after the commencement of recruitment is impermissible and undermines the fairness mandated by Articles 14 and 16. (Paras 16-19)

Facts of the case:
The Karnataka Examination Authority, responsible for recruiting Assistant Professors, faced challenges regarding the selection lists for candidates under the SC/W quota. The Tribunal ruled on applications contesting the validity of selections, highlighting the lack of adherence to established eligibility criteria. (Paras 3-10)

Findings of Court:
The Tribunal’s orders were upheld, confirming the necessity of maintaining recruitment integrity and prohibiting changes in eligibility criteria after the recruitment process has commenced. (Paras 34)

Issues: Whether the Tribunal's orders to set aside the selection lists and direct appointments were justified based on the principle of fair recruitment and established eligibility criteria. (Paras 1-2)

Ratio Decidendi: The court ruled that the KEA's actions constituted a violation of fair recruitment principles, emphasizing that eligibility criteria cannot be altered mid-process, ensuring adherence to Articles 14 and 16 of the Constitution. (Paras 20-22)

Result: W.P. No.2901/2024 is dismissed; W.P. Nos. 2899/2024, 2093/2024, and 8884/2024 are allowed-in-part.

Table of Content
1. recruitment process details and candidates' qualifications. (Para 1 , 3 , 4 , 5 , 6)
2. arguments regarding the legality of tribunal's orders. (Para 10 , 11 , 12)
3. principles governing recruitment and eligibility criteria. (Para 16 , 17 , 19)
4. doctrine of legitimate expectation and fairness in public recruitment. (Para 20 , 21 , 22 , 23 , 24 , 25)
5. selection process rules and judicial scrutiny. (Para 26 , 27 , 30)
6. final order and cost implications. (Para 35)

ORAL ORDER

(PER: HON'BLE MR JUSTICE VENKATESH NAIK T)

Writ petitions No.2899/2024, 2093/2024 and 8884/2024 are filed by the petitioner Karnataka Examination Authority (for short 'KEA') challenging the orders dated 03.11.2023, 06.11.2023 and 06.12.2023 passed by the Karnataka State Administrative Tribunal at Bengaluru Bench (herein after referred to as 'the Tribunal', for brevity) in Application Nos.1715/2023, 1161/2023 and 3051/2023 respectively.

2. Whereas WP No.2901/2024 is filed by the petitioner-Sri Yogesh B.N., challenging the order dated 03.11.2023 passed by the Tribunal at Bengaluru in Application No.1715/2023.

W.P.NO.2093/2024, W.P.NO.2899/2024 AND W.P.NO.8884/2024

3. The brief facts of the cases are that, the KEA was entrusted by the State Government (Respondent No.1), as Selection Authority for recruitment of 1242 posts of Assistant Professors in the Department of Collegiate Education, Bengaluru. Hence, respondent No.1 issued Notification dated 08-07-2020 inviting applications for the post of Assistant Professors in Electronics as per Karnataka Education Department Services (Collegiate Education Department) (Recruitment of Assistant Professors) (Special) Rules, 2020, wherein, the qualification, age for selection and appointment to the post of Assistant Professor for collegiate education were prescribed. Thus, the KEA pursuant to the Notification issued by the State Government, issued a Notification dated 30-09-2021, inviting applications from the eligible candidates for the post of Assistant Professors in 26 subjects. The last date for filing the applications was on 06-11-2021 and later, it was extended till 30-11-2021. In terms of the Rules, 2020, a Notification was issued to fill up 1242 posts of Assistant Professors and as per the Notification dated 08-07-2020, the posts were to be filled under the quota of IIA/W, SC/W, GM/R and GM/KMS. On 18-11-2021, by a Notification, declared the equivalence of Electronics subject for the post of Assistant Professor in terms of Rule 2(1)(b) of the Karnataka Civil Services (General Recruitment) Rules, 1977 as per the recommendations of Expert Committee constituted.

4. The candidate-Smt. Mitha M., (respondent No.3 in WP No.2093/2024) and Smt. Shewtha Gali (respondent No.4 in W.P.No.2093/2024 and W.P.No.8884/2024) submitted applications seeking appointment to the post of Assistant Professor in Electronics through online under the quota Schedule Caste Women. They were issued with admission ticket to appear for the competitive examination held on 12-03-2022. A provisional document verification list was issued and the name of Smt. Mitha M. was shown at Sl.No.30 with total marks as 86.05. In the said list, the name of Smt. Shwetha Gali (respondent No.4 in WP No.2093/2024 and WP No.8884/2024) at Sl.No.5 was shown with total marks of 114. On 05-11-2022, she was called for verification of records, scheduled to be held on 17-11-2022. Smt. Mitha M., also participated for document verification on 17-11-2022. On the said date, respondent No.4 Smt. Shwetha Gali's candidature was rejected on the ground that the equivalency qualification held by her has not been declared as equivalent under Rule 2(1G) Karnataka Civil Services (General Recruitment) Rules, 1977.

5. On 06-01-2023, subsequent to document verification of Smt. Mitha M., the Government issued a clarification to the KEA, to include the candidature who have acquired M.Tech in Signal Process, M.E. Degree in System Science and Automation and M.Tech in VLSI Design and e

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