Karnataka legal department advises fresh recruitment for KPSC 2011 posts
The state's Parliamentary Affairs and Legislation Department says the government cannot use executive powers to protect candidates after a law was declared unconstitutional.
The Karnataka Parliamentary Affairs and Legislation Department has advised that the state government cannot use its own powers to continue the appointments of 362 candidates from the 2011 KPSC recruitment, according to a report by Urban Acres.
The advice follows a Supreme Court decision that declared a 2022 law, which was intended to validate the recruitment, unconstitutional. The department stated that the 2022 law cannot be defended on constitutional or humanitarian grounds.
The department recommended that the state follow the Supreme Court's remedy by conducting a fresh recruitment process for vacant Group A and Group B posts. It suggested providing a one-time relaxation in the age limit under existing rules for this purpose.
Legal experts noted that while a Criminal Investigation Department chargesheet named the KPSC chairperson, members, staff, and intermediaries, it did not name any of the candidates. However, the department's opinion indicates that the absence of criminal allegations against individuals does not justify preserving appointments from a compromised selection list.
The legal department has ruled against conducting an examination exclusively for the 2011 candidates, stating any new selection must be an open competitive process. It also noted that the Supreme Court did not direct that selected candidates remain in their posts until new recruitment is finished.
The state may still seek a review of the judgment within 30 days or approach the court for clarification on how to implement the ruling.