CHANNAREVANNA Vs. K P S C

JUDGEMENT

(1.) Though prayer in these two Writ Petitions is slightly at variance both are directed against procedure to be followed or adopted in case of 'missing answer scripts' in a competitive examination held by the Karnataka Public Service Commission (hereinafter referred to as 'KPSC') for recruitment of (KAS Class I and II) Gazetted Officers in Stale of Karnataka.

(2.) Question arises in this form. Petitioner, in the first case, as a candidate for recruitment of Gazetted Probationers (KAS Class 1 and II) has taken competitive examination held in 1983, the result of which was announced in the year 1984. Interview of successful candidates in written examination is held/being held. Petitioners and few others whose answer scripts in subject-Essay - were missing, were informed that attempt is being made to trace their answer scripts, if not traced, re-examination would be held in so far as those candidates are concerned in that subject vide Endorsement dated 14th December 1914 (AnnexureA). By subsequent intimation (Annexure-C) KPSC informed that re-examination on the particular subject viz., Essay will be held on 19th January 1985 as answer scripts were not traced with registration numbers already assigned. Aggrieved by proposed conduct of re-examination he has presented Writ Petition No. 729 of 1981 seeking three reliefs (i) to direct Respondents to trace Essay answer scripts and cause to be evaluated; (ii) to forbear Commission from subjecting petitioner to re-examination and/or in the alternative to direct Commission to hold fresh written examination for all candidates who had previously taken written examination held in July 1983 in that particular subject - Essay ; and (iii) to direct Respondents not to publish the list of selected candidates till process of conduct of written examination is completed. Petitioner in second Writ Petition (W.P. No.749 of 1985) is also a candidate for recruitment of Gazetted Probationers (KAS-Class I and II) in the State of Karnataka. His apprehension is that by conducting re-examination in so far as 31 or 39 candidates, as the case may be, whose answer scripts are missing KPSC intend or likely to boost them up as there will not be uniformity of standard or common yard stick to evaluate merit. Hence, prayer in this Writ Petition is to forbear KPSC from holding re-examination in Essay paper and/ or in the alternative to hold fresh examination on this subject for all candidates.

(3.) Recruitment to KAS - Class I and II is governed by Karnataka Recruitment of Gazetted Probationers (Appointment by competitive Examinations) Rules, 1966 (as amended from time to time) (hereinafter referred to as the 'Rules'). As per Rule 4 of the Rules a combined competitive examination for recruitment to one or more of the services or categories of posts mentioned in Schedule I is required to be held at such intervals, and in such manner as set out in Schedule II inviting application in prescribed form, from intending candidates, possessing prescribed minimum qualification. Candidates are required to express their preference to service/ categories they would like to be considered for appointment. As per Rule 9 KPSC is required to call for interview ten times the number of candidates as there are vacancies in categories I and II respectively in order of merit,on the basis of results of written papers subject to making provision for calling candidates belonging to Scheduled Castes and Scheduled Tribes and other Backward Classes to the extent vacancies are reserved for them. Under Rule 11 list of names of candidates is prepared for each of the services in categories I and II arranged in order of merit determined on the basis of total number of marks secured in written and viva-voce examination. Under sub-rule (2) of Rule 11 list is required to be published in the official Gazette apart from being sent to Government with marks secured in written and . viva-voce examination.