Karnataka High Court rules on recruitment changes

CH NEWS, Bengaluru The Karnataka High Court has ruled that the State Government cannot change recruitment rules after a selection process has begun. The court quashed a government circular dated February 1, 2023, which changed the reservation procedure for candidates from the Kalyana Karnataka region under Article 371J of the Constitution. A division bench comprising Justice D.K. Singh and Justice H. Shanthi Bhushan delivered the ruling while hearing petitions filed by candidates, including Ravindra B. Manavi. They had challenged a Karnataka Administrative Tribunal (KAT) order that dismissed their pleas against the government circular. The bench observed that administrative instructions cannot be used to alter the fundamental rules of an ongoing recruitment process. Referring to Supreme Court judgments, it reiterated that the rules governing selection cannot be changed midway. Such changes, particularly when they deprive eligible candidates of selection opportunities, may violate Articles 14 and 16 of the Constitution, which guarantee equality before the law and equal opportunity in public employment. The court directed the authorities to complete the recruitment process under the original rules. The case concerns recruitment notifications issued in 2021 and 2022 for Assistant Engineers, Police Sub-Inspectors, Graduate Primary Teachers and Assistant Professors. Initially, candidates from the Kalyana Karnataka region could choose between the Local Cadre and the Residual Parent Cadre under General Merit. However, in February 2023, after examinations were completed and document verification was underway, the government directed that these candidates must first be considered for General Merit posts. They could be considered for Local Cadre vacancies only if they were not selected under General Merit. This change reportedly excluded some candidates who had earlier figured in selection lists. After the KAT rejected their challenges, the candidates approached the High Court. The bench emphasized that recruitment decisions involving Article 371J reservations must follow applicable rules and constitutional principles. It clarified that government policy-making powers cannot override legal protections or undermine equal opportunities in public employment.