HC refuses to vacate interim order citing mass malpractices

  • | Saturday | 22nd April, 2017

The April order was restored after the mass malpractices mentioned in the September 10, 2013 CID report were brought to the court's notice. If appointment orders are issued to the candidates, who have been chosen by tainted selectors, it would harm the institution. The CID report points to large-scale malpractices. Bengaluru: The Karnataka High Court on Friday restored its April 5 interim order related to the controversy-ridden 2011 batch of gazetted probationers. This was after Advocate General Madhusudan R Naik said the CID report didn't indict any candidate specifically, based on which they decided to complete the process as there are nearly 900 vacancies.

Bengaluru: The Karnataka High Court on Friday restored its April 5 interim order related to the controversy-ridden 2011 batch of gazetted probationers. The decision was taken barely minutes after the bench dictated a modified ruling, allowing the government to issue conditional appointment orders to 362 successful candidates of the exam conducted by Karnataka Public Service Commission (KPSC).On April 5, HC had directed the authorities not to issue appointment orders based on the October 19, 2016 ruling passed by Karnataka State Administrative Tribunal (KSAT). The April order was restored after the mass malpractices mentioned in the September 10, 2013 CID report were brought to the court's notice."It is peculiar that instead of supporting their own order dated August 14, 2014 (wherein the appointment process was supposed to be withdrawn based on the CID report), the state wants to issue appointments as per the KSAT order. The CID report points to large-scale malpractices. If appointment orders are issued to the candidates, who have been chosen by tainted selectors, it would harm the institution. Hence, we are not inclined to vacate the interim order passed on April 5," a division bench headed by Chief Justice Subhro Kamal Mukherjee said while idsmissing the application.The bench passed this fresh order minutes after counsel for the complainant, HPS Mythri, drew the court's attention to the paragraphs in the CID report indicating the direct involvement of the KPSC members in the alleged scam. "The report says the members made calls to the successful candidates and sent messages, and a sting operation done by a TV channel had proved the wrongdoings," the counsel told the court.Prior to this, the court had almost permitted the government to grant conditional appointment orders to the 362 candidates. This was after Advocate General Madhusudan R Naik said the CID report didn't indict any candidate specifically, based on which they decided to complete the process as there are nearly 900 vacancies. He also cited the Supreme Court's recent orders, wherein states were pulled up for not making timely appointments, urging the court to vacate the order.The April order was passed after hearing a PIL filed by R Renukambike and 11 others. The petitioners had claimed KSAT had not only committed a great blunder by allowing the applications but also exceeded its jurisdiction and intervened with the government's policy decision.Elevation of HC judges: Hearing adjournedA specially constituted bench on Friday adjourned beyond vacation the hearing on a PIL, which sought a direction on adherence to the Supreme Court guidelines for recommending names for elevation of judges to the high court.The bench comprising justices A S Bopanna and Ravi Malimath suggested to senior counsel appearing for the petitioner to rethink the issue, keeping in mind the institution's image. The bench noted every time recommendations are made, such resentments are seen. It was of the view that such litigations can ultimately damage the institution.S Prabhakar, senior counsel from Chennai, argued that in the recent recommendation sent to the SC, six among the 10 members belong to the elite class. According to him, an effective consultation process was adopted and the 2010 guidelines issued by the apex court were not applied. The petition is filed by NP Amrutesh, a city-based advocate.

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