Supreme Court Sets Aside Unconstitutional Karnataka Civil Services Act, 2022 — Upholds Integrity of Recruitment Process. The Act was found unconstitutional as it attempted to nullify prior judgments regarding a tainted recruitment process.

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Case Note & Summary

The case involved a challenge to the Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022, which aimed to validate a recruitment process marred by corruption and nepotism. The recruitment notification was issued in 2011 for 362 posts, but the process was halted due to allegations of manipulation and irregularities. The High Court upheld the cancellation of the recruitment, which was subsequently challenged in the Supreme Court. The appellants argued that the Act of 2022 nullified the Supreme Court's earlier decisions, while the State contended that it was necessary to relieve hardship for selected candidates. The Court found that the Act was unconstitutional as it attempted to override judicial decisions and upheld the integrity of the recruitment process. The Court directed the State to notify new recruitment for the vacant posts, allowing age relaxation for the appellants and other eligible candidates, while clarifying that any new appointments would not entitle candidates to back wages or notional appointments. The appeals were allowed, and the earlier judgments were set aside (Paras 1-21).

Headnote

A) Constitutional Law - Unconstitutionality of Legislation - The Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022 was found unconstitutional as it attempted to nullify prior judgments of the Constitutional Courts regarding a tainted recruitment process. The Court held that the legislature cannot override judicial decisions and that the Act was beyond the scope of legislative powers, thus setting it aside (Paras 17-19).

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Issue of Consideration

Whether the Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022 is constitutional and whether the recruitment process can be resumed.

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Final Decision

The Supreme Court found the Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022 unconstitutional and set it aside. The Court directed the State to notify new recruitment for vacant posts, allowing age relaxation for the appellants and other eligible candidates, with seniority based on the date of new appointments.

Law Points

  • unconstitutional legislation
  • validation of selection
  • recruitment process integrity
  • public interest litigation
  • age relaxation in recruitment
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Case Details

2026 LawText (SC) (10) 99

Civil Appeals @ SLP(C) Nos. 21195-21196 of 2023

2026-10-29

K. Vinod Chandran, J., J. B. Pardiwala

Shyam Divan, Kapil Sibal, C.A. Sundram, Anand Sanjay M. Nuli

Srinivasa T. & Ors.

The State of Karnataka and Ors.

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Nature of Litigation

Challenge to the constitutionality of the Karnataka Civil Services Act, 2022 and the recruitment process.

Remedy Sought

Appellants sought to invalidate the Act and resume the recruitment process.

Filing Reason

The Act was alleged to nullify prior judicial decisions regarding a tainted recruitment process.

Previous Decisions

The High Court upheld the cancellation of the recruitment process due to corruption and nepotism.

Issues

Whether the Karnataka Civil Services Act, 2022 is unconstitutional. Whether the recruitment process can be resumed after the cancellation.

Submissions/Arguments

The Act of 2022 nullified the Supreme Court's decision and was unconstitutional. The State argued the Act was necessary to relieve hardship for selected candidates.

Ratio Decidendi

The legislature cannot override judicial decisions through subsequent legislation, especially when the recruitment process has been found tainted by corruption and nepotism.

Judgment Excerpts

The Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022 was found unconstitutional as it attempted to nullify prior judgments of the Constitutional Courts regarding a tainted recruitment process. The legislature cannot override judicial decisions through subsequent legislation, especially when the recruitment process has been found tainted by corruption and nepotism.

Procedural History

The recruitment process initiated in 2011 was cancelled due to corruption allegations. The High Court upheld the cancellation, leading to the enactment of the Act of 2022, which was challenged in the Supreme Court.

Acts & Sections

  • Karnataka Recruitment of Gazetted Probationers (Appointment by Competitive Examinations) Rules, 1997:
  • Karnataka Civil Services (Validation of Selection and Appointment of 2011 Batch Gazetted Probationers) Act, 2022:
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