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Supreme Court of India 2018-04-04 disposed

Avinash C. & Ors vs State of Karnataka & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

The Karnataka Public Service Commission conducted a selection for 362 Group A and D posts but faced allegations of malpractices, including bribery demands from candidates. The State Government cancelled the selection after an FIR and interim report. Selected candidates challenged this before the Administrative Tribunal (which directed their appointment) and then the High Court (which upheld the cancellation). The Supreme Court held that when a selection process is tainted by irregularities, the authority may annul it to preserve the process's integrity. At the pre-appointment stage, such cancellation can only be judicially interfered with if patently arbitrary, malafide, or illegal. The Court upheld the High Court's decision but permitted parties to approach the High Court afresh regarding the written examination portion.

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Constitutional Law Administrative Law Civil Service Recruitment Public Service Commission Malpractices in Selection Pre-appointment Cancellation

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