This appeal arose out of a long-pending dispute surrounding the 2011 recruitment for 362 Group ‘A’ and ‘B’ posts conducted by the Karnataka Public Service Commission (KPSC). The recruitment had been previously cancelled by the State Government after CID inquiries revealed large-scale corruption, nepotism, marks manipulation, and destruction of evidence—a cancellation that was subsequently affirmed by the High Court and the Supreme Court. Despite the finality of judicial decisions upholding the annulment, the State Legislature enacted the Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022 to validate the cancelled selection and appoint the candidates. The Supreme Court struck down the 2022 Validation Act as unconstitutional, reiterating that while the legislature can change the underlying basis of a decision retrospectively, it cannot directly overrule or annul final judicial decisions of Constitutional Courts.
- Background of the Selection Dispute:
- In November 2011, KPSC issued a notification to recruit 362 Group ‘A’ and ‘B’ officers. Following preliminary and main examinations, CID investigations uncovered rampant corruption, irregular evaluation, and blatant nepotism by KPSC members.
- The State cancelled the recruitment list in 2014. While KAT initially set aside the cancellation, the Karnataka High Court upheld the government’s decision to scrap the process, which was later affirmed by the Supreme Court in Avinash C. v. State of Karnataka.
- Unconstitutionality of the 2022 Validation Act:
- In 2022, the State enacted the Validation Act to restore the tainted 2011 selection process and issue appointment orders.
- The Supreme Court held that the legislature cannot sit in appeal over judicial decisions or directly nullify final judgments of Constitutional Courts.
- Placing reliance on precedents such as Medical Council of India v. State of Kerala, Janapada Sabha, and Cauvery Water Disputes Tribunal, the Court observed that overriding a judicial decree without altering the underlying legal framework violates the Rule of Law.
- Rejection of Segregation & Equity Arguments:
- The Court rejected the arguments of selected candidates seeking protection on grounds of equity or non-tainted status.
- It reiterated that where the entire recruitment process is fundamentally tainted by systemic fraud and corruption, segregating candidates is impermissible and interferes with the purity of public selection.
- Directions & Relief Granted:
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- Annulment of Appointments: The 2022 Act was declared unconstitutional, and all appointments made pursuant to it were terminated.
- Fresh Recruitment: The State Government was directed to notify recruitment for the remaining vacant Group ‘A’ and ‘B’ posts under current rules.
- One-Time Age Relaxation: Appointed candidates (not found tainted by the CID), the six appellants, and petitioners before the KAT were granted a one-time age relaxation to participate in the fresh recruitment.
- Seniority & Benefits: If freshly selected, seniority will apply only from the date of new appointment (no back wages or backdated seniority). However, for previously appointed candidates who re-qualify, their past service period will count solely toward pension and retirement computations.
2026 INSC 1173
Srinivasa T. & Ors. v. The State of Karnataka and Ors. etc. etc. (D.O.J. 29.10.2026)
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