Case Note & Summary
The petitioner, Ashok Kumar, was appointed as Assistant Public Prosecutor-cum-Assistant Government Pleader by an order dated 10.11.2010. The third respondent, Revanna P.C., challenged this appointment before the Karnataka Administrative Tribunal, alleging bias and procedural irregularities in the selection process. The Tribunal, by order dated 24.10.2019, set aside the appointment. Aggrieved, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The High Court examined the selection process and found that the selection committee had followed the prescribed rules under the Karnataka Assistant Public Prosecutor and Assistant Government Pleader (Appointment) Rules, 2009. There was no evidence of bias or mala fides on the part of the committee. The court held that the Tribunal had exceeded its jurisdiction by interfering with the selection on grounds not supported by material. The High Court allowed the writ petition, quashed the Tribunal's order, and directed the continuation of the petitioner's appointment as per the original order dated 10.11.2010.
Headnote
A) Service Law - Appointment - Selection Process - Bias - The selection of the petitioner as Assistant Public Prosecutor-cum-Assistant Government Pleader was challenged on grounds of bias and procedural irregularity. The High Court held that the selection committee's decision was not vitiated as there was no material to establish bias or violation of the Karnataka Assistant Public Prosecutor and Assistant Government Pleader (Appointment) Rules, 2009. The Tribunal's order setting aside the appointment was quashed. (Paras 1-10) B) Service Law - Judicial Review - Scope - The court reiterated that judicial review of selection processes is limited to examining procedural fairness and legality, not the merits of the decision. The selection committee's discretion should not be interfered with unless there is clear mala fides or violation of rules. (Paras 5-8)
Issue of Consideration
Whether the selection of the petitioner as Assistant Public Prosecutor-cum-Assistant Government Pleader was vitiated by bias or procedural irregularity, and whether the Karnataka Administrative Tribunal was justified in setting aside the appointment.
Final Decision
The High Court allowed the writ petition, quashed the order of the Karnataka Administrative Tribunal dated 24.10.2019, and directed the continuation of the petitioner's appointment as per the order dated 10.11.2010.
Law Points
- Judicial review of selection process
- Bias in selection committee
- Appointment rules for Assistant Public Prosecutor
- Karnataka Assistant Public Prosecutor and Assistant Government Pleader (Appointment) Rules
- 2009
- Natural justice
- Writ of certiorari
