The High Court of Karnataka has imposed costs of ₹1 lakh on the Karnataka Public Service Commission (KPSC) for “abusing the process of the court” in seeking clarification on the court’s directions issued in 2016 on the process of recruitment of gazetted probationers Group A and B posts of 1998, 1999, and 2004 batches.
A Division Bench comprising Justice Ravi Malimath and Justice B. Veerappa passed the order while terming that the clarification being sought by the KPSC is nothing but review of the earlier order and the same is not maintainable as the Supreme Court in 2018 had not only upheld the High Court’s judgment, but had also dismissed review petitions filed seeking review of the apex court’s order.
Noticing that the issue of selection process was being contested before the court since 2002, the Bench observed that “it is the institutional responsibility and constitutional obligation on the part of the KPSC and the State government to implement the orders passed by this court and upheld by the honourble Supreme Court, then and there itself, and without implementing the same, the present application filed for clarification is nothing but abuse of process of the court, and this court cannot tolerate the fence-sitting attitude of the KPSC and State government”.
“Because of lack of institutional responsibility of both the State government and the KPSC, the applicants, who aspire to become gazetted probationers Group A and B posts, have been roaming around the courts for nearly two decades, and if any such application [by the KPSC] is entertained, it is nothing but permitting the KPSC to take a daring ride on the orders of the Supreme Court and this court, which is impermissible. Once the order passed by this court has been confirmed by the Supreme Court in Special Leave Petitions and Review Petitions as stated supra, this court cannot re-open the case and issue clarification at this belated stage, which is impermissible,” the Bench observed.