AVINASH C. & ORS. versus STATE OF KARNATAKA & ORS.

Citation: [2018] 6 S.C.R. 688 · Decided: 04-04-2018 · Supreme Court of India · Bench: ADARSH KUMAR GOEL, R.F. NARIMAN · Disposal: Disposed off
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Judgment (excerpt)

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SUPREME COURT REPORTS
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AVINASH C. & ORS.
v.
STATE OF KARNATAKA & ORS.
(Civil Appeal Nos. 3543-3555 of 2018)
APRIL 04, 2018
[ADARSH KUMAR GOEL AND R. F. NARIMAN, JJ.]
Service Law – Selection process – Annulment of – Allegation
of demand of bribes from candidates – Matter arose out of
selection conducted by the Karnataka Public Service Commission
(KPSC) pursuant to notification for filling up posts of Group ‘A’
and Group ‘D’ in the State – There were complaints of
malpractices and irregularities in the conduct of examinations as
well as interviews – FIR was lodged against Chairman, Member
and some officials of the KPSC – On receipt of interim report of
CID, State Government directed annulment of evaluation of written
examination as well as personality test – However, KPSC published
the select list – The State withdrew the requisition for appointments
– Order challenged by the successful candidates before Tribunal,
which quashed the decision of the State Government and directed
appointment of the selected candidates – High Court held that
Tribunal committed error in directing appointment of persons
validity of whose selection was seriously doubted by the
Government – Propriety of – Held: Proper – High Court has
referred to material on record in the form of call details between
candidates and members of the KPSC – All the members who
interviewed the candidates awarded exactly the same marks to
particular candidates – There was no objective assessment by the
individual members – 566 candidates were awarded same marks
which appeared to be pre-determined – Digital video recorder in
the KPSC building was replaced to destroy evidence – No ground
to interfere with the view of the High Court that the selection could
not have been sustained – If selection is found to be tainted in any
manner, it is always open to the concerned authority to annul such
selection to maintain purity of the selection process – It may not
always be necessary to segregate tainted and untainted candidates
when the process itself is tainted – Moreover, at pre-appointment
   [2018] 6 S.C.R. 688
688
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stage, decision to cancel the selection process can be interfered
only if it is patently arbitrary, malafide or illegal – In instant case,
the High Court has rightly applied these parameters and found no
case for interference with decision to annul selection.
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 3543-
3555 of 2018.
From the Judgment and Order dated 09.03.2018 of the High Court
of Karnataka at Bengaluru in W. P. (C) Nos. 13617 to 13627 of 2017
and W.P. No.14529 of 2017.
Devadatt Kamat, Addl. Adv. Gen., V. Giri, Guru Krishna Kumar,
Raju Ramachandran, Sajan Poovayya, Nagmohan Das, M. B. Nargund,
Sr. Advs., Nishanth Patil, Ms. K. Parameshwar, Pithneesh M. K.,
Prasanna Mohan, B. L. Acharya, Ms. Anuradha Mutatkar, Mrinal Shankar,
Priyasarshi Banerjee, Saransh Kumar, Saransh Jain, Meka Venkatarama
Krishna, Ishwar Mohanty, Balaji Srinivasan, S. N. Bhat, V. N. Raghupathy,
Rajesh Inamdar, Javedur Rahman, Parikshit P. Angadi, Aditya Bhat,
P. Singh, Balaji Srinivasan, Ms. Rekha Chandra Sekhar, H. Chandra
Sekhar, Vikram Phadke, Ashwin V. Kotemath, Mrs. S. Usha Reddy,
Advs. for the appearing parties.
The following Order of the Court was passed :
O R D E R
1.  We have heard learned counsel for the parties who have entered
appearance.  Having regard to the nature of the order proposed, we do
not consider it necessary to issue notice to all the parties who are not
represented.
2. The matter arises out of Selection conducted by the Karnataka
Public Service Commission (“KPSC”) pursuant to Notification dated
3.11.2011 for filling up 362 posts of the Group ‘A’ and Group ‘D’ in the
State of Karnataka.  Examinations were conducted on 22.04.2012. Written
tests for mains were conducted between 15.12.2012 and 16.01.2013.
Interviews  were held between 01-04-2013 and 27.05.2013.
3. There were complaints of mal-practices and irregularities in
the conduct of examinations as well as the interviews. It was inter alia
alleged that there were demands of bribes from candidates. The FIR
was lodged against Chairman, Member and some officials of the KPSC.
AVINASH C. & ORS. v. STATE OF KARNATAKA & ORS.
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SUPREME COURT REPORTS
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On receipt of the interim report of CID dated 10th September, 2013, the
State Government on 15th December, 2013 directed annulment of
evaluation of written examination as well a
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