1999 batch KPSC aspirants fear HC order will hit their chances at KAT

1999 batch KPSC aspirants fear HC order will hit their chances at KAT

Submitted by alvin on Sun, 2016-06-26 22:18 Bengaluru: The High Court verdict on Karnataka Public Service Commission has left the 1999 batch candidates in a lurch, who fear a backlash to their case in the Karnataka Administrative Tribunal.Holding the KPSC guilty, the High Court division bench has called for its complete revamping and restructuring. Several individuals and those who missed the appointment had moved the High Court challenging the glaring irregularities in recruitment of gazette probationers during the years 1998, 1999 and 2004.Among them were some candidates who missed the bus in 1999 and had challenged the preliminary, mains as well as the personality test, arguing that KPSC had violated the roster, category and also resorted to tampering of marks.According to the petitioners, there were two marks lists in preliminary stage and also mains examinations, which is actually a violation of rules 4 of KPSC selection rules. The same was submitted before the lower court as well as the High Court.A petition now pending before the Karnataka Administrative Tribunal has pleaded for quashing the entire notification dated February 28, 2004, appointing 191 posts of gazette probationers, selected from the list of 1999 batch.However, it appears that the High Court has not been assisted properly in the matter as the bench in its order June 21, 2016 says, “The selection of candidates for the post of gazette probationers (group A and B ) posts is not liable to be set aside on the ground of destruction of answer scripts.”“We strongly believe that the court has been misled by either KPSC or the Government, this might have a severe repercussions on the case before the KAT, which was waiting for the High Court orders,” says Dhyamanaik A Chavan, one of the 1999 batch candidates, whose petition (application no 11146/ 2002)is before the KAT.In addition to Dhyamanaik, there are also five other candidates  B Ranganath ( application no 3392/ 2004), Sharma Subbanna Bhimappa (3397/ 2004), Shafi Ahmed (3399/ 2004), K S Somashekar (3407/ 2004) and M J Shivanna ( no 11147/ 2002).Interestingly some of the candidates like Dhyamanaik have also been a party to the PIL ( wp no 41366/2012) and have submitted their written submission as per the instructions of the bench.In their submission they have sought to quash the entire list of 1999 by KPSC, as the commission on December 6, 2007 had burnt the entire answer scripts, even when the cases are still pending in courts.“The KPSC was told not to damage any answer script by the court while hearing a matter 33892 / 2004 by the KAT bench headed by Justice A V Srinivasa Reddy  as the candidate demanded revaluation of entire answer scripts. The order was passed on November 29, 2005,” pointed out one of the candidates.The order in November 2005 said: “Considering the request of official respondents, we would not like to condone the interests of the applicants. Therefore, we will allow the official respondents including KPSC to go ahead with the selection process and appointments. Itt shall be subject to the final orders in these applications.”The candidates have made written submissions to High Court, stating that KPSC is misleading the court. They pointed out the submission made by former KPSC secretary B S Ramprasad, who on November 17, 2005 had submitted that 3526 candidates appeared for main examination conducted on July 27, 2002 (the 1999 batch examination) but the result announced was for 3769 candidates.They even highlighted the affidavit of then Secretary KPSC, V B Patil,  to KAT in  March 2010 stating that 830 candidates of which 473 English medium candidates and 357 Kannada medium candidates, but interestingly, the interview list included a total 947 candidates.In the High Court, the candidates also mentioned before the High Court about an affidavit by Manoj Kumar Meena, Secretary KPSC affidavit dated February 19, 2014, which says the cut-off for prelimary examination was 248.50 marks for general category and the reserve category should be less than this. However, the KPSC has shown as a cut off for category 3 A was also 248.50.