Karnataka High Court Dismisses Challenge To Law Validating Recruitment Of 362 KPSC Gazetted Probationers Of 2011 Batch

A division bench of Chief Justice Ritu Raj Awasthi and Justice S R Krishna Kumar while dismissing the petition filed by one Mohammed Arif Jameel said,

"We are of the considered view that the entire Act would not become bad in law simply because the earlier selection was challenged in the High Court and was quashed and thereafter, the impugned Act has come in force."

It added, "Learned counsel for the petitioner has not been able to show any provision of the impugned Act which can be treated to be unconstitutional, illegal or void. In view of the above, we do not find any reason to grant indulgence."

Advocate Rahamathulla Kothwal appearing for the petitioner had submitted that earlier the entire selection process was challenged before the High Court in W.P.Nos.13617-13627/2017 and connected matters. It is alleged that it was thereafter that the respondents enacted the Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022 in order to overcome the judgment passed by the High Court. The contention was that the enactment of the impugned Act is a colourable exercise of power and as such, bad in law.

The plea also sought setting aside of the appointment orders issued on 22.03.2022, in pursuance of the impugned Act.

The bench on considering the submission and records said, "So far as the consequential prayers made in the writ petition, suffice it to observe that the aggrieved persons have already approached the Karnataka State Administrative Tribunal where the matters are pending consideration. As such, such reliefs are not required to be considered by this Court at this stage. The writ petition, being devoid of merit, is dismissed."

Case Title: MOHAMED ARIF JAMEEL v. STATE OF KARNATAKA AND OTHERS