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Synopsis

In a relief to the Karnataka government, the Supreme Court has allowed it and the Karnataka Public Service Commission to publish a revised list of selected candidates for the post of Junior Training Officers in respect of a recruitment process initiated in 2018.

The state government, led by senior advocate Kapil Sibal, submitted before a bench of Justices Vikram Nath and Prasanna B Varale that the entire appointment procedure had been held up due to a stay order of the apex court and, as of that date, there were huge vacancies, reaching up to a figure of almost 2,000. In the absence of such a large number of employees, the work in the entire state was suffering.

Acting on an application filed by the Karnataka government, the bench vacated its July 2, 2024, stay on the operation of the High Court's order, which directed the KPSC to publish the revised list.

"Considering the facts and circumstances of the case, we dispose of these petitions permitting the State and KPSC to publish the revised merit list and to make appointments as per the revised merit list," the bench said.

However, the bench clarified that the candidates who had already been appointed and were working might not be disturbed, if found to have been wrongly selected, until such time as the writ petitions were finally decided by the High Court.

"All appointments made would be subject to the final outcome of the writ petitions," the bench said.

Earlier, a batch of petitions was filed by Chetan Bogar and others, questioning the correctness of the High Court's impugned interim orders of March 20 and June 21, 2024.

In the revised select list of May 07, 2024, the names of the petitioners herein, who had been in service as Junior Training Officers in various trades for nearly two years, had been dropped, leading to uncertainty in respect of their candidature.

The successful candidates to whom appointment orders were issued during the period from September 2022 to November 2022, despite being in service for over one and a half years, faced a threat of termination as their names were dropped in the revised select list prepared pursuant to interim orders, they contended.

Some of the unsuccessful candidates had filed a writ petition in the High Court and alleged there were various illegalities and irregularities in the process.

The court had, on July 2, 2024, stayed the High Court's order, which directed the opening of the 15 sealed covers in the presence of counsel and further directed the KPSC to give effect to the revised list within a period of three months.

The Karnataka government filed an application for lifting the stay.

Before the apex court, the said application was opposed by some of the petitioners who had already been appointed and were working. Others urged the court that the revised list should be implemented so that other selected candidates could get employment and start working, whereas one group of petitioners was aggrieved by the revised select list. There was another set of candidates who opposed the appointments already made on various grounds of illegality and irregularity.

The court disposed of the petitions, permitting the State and KPSC to publish the revised merit list and make appointments.

Case Title: Chetan Bogars & Ors Vs The State of Karnataka & Ors