Karnataka HC: Do not issue application letters to 362 KAS candidates

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The Karnataka High Court on Monday issued an interim order to the Karnataka Administrative Tribunal (KAT) in relation to the applications filed by the 362 gazetted probationary candidates of Karnataka Administrative Services (KAS) recruitment for the academic year 2011 in connection with the Karnataka Civil Services Amendment Act. 

A divisional bench headed by Justice G. Narender, made the order after hearing dispute petitions filed by A T Srinivas and others.

The interim order said that the law enforcement must be maintained at status quo and that the hearing on these petitions will begin on Monday. The Divisional Bench has also directed that the appointment letter for the 362 candidates should not be issued until KAT decides on the interim appeal of the applicants.

Moreover, the KAT should examine all the arguments put forth by both the plaintiffs and the defendants in front of it and review them lawfully before considering the interim appeal filed by the petitioners, the order read. The hearing was then adjourned to April 4.

In 2011, the CID submitted an investigation report on the selection of 362 candidates for KAS recruitment. The High Court has said to have canceled the recruitments to those candidates based on the report. The same has also been reportedly upheld by the Supreme Court. 

However, the government has enacted the Karnataka Civil Services (Gazetted Probationer Selection and Appointment) Act of 2011 to regulate the illegal recruitment of 362 candidates.

The petitioner had applied to KAT to question the validity of the act. The petitioners have henceforth filed an interim appeal that the court should issue an injunction and restrict the government from issuing appointment letters to candidates under this act. As there were no order made by KAT regarding this loophole, the petitioners then took the matter to court and filed a dispute petition.

The state government is said to issue a letter of appointment to these candidates before the interim order would be passed by KAT. The petitioners therefore requested the High Court to pass an interim order at the earliest. The High Court Divisional Bench has reportedly been hearing the petitions since March 23, and issued an interim order on Saturday directing the government to maintain the status quo of the disputed law.

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