KPSC selections: High Court declines to vacate stay on appointing 362 candidates

Source:- thehindu.com

In a set back to several candidates set join posts of Group A and Group B gazetted probationer following their selection, the High Court of Karnataka on Wednesday refused to vacate its April 5 interim order restraining the government from appointing 362 candidates who were selected in the 2011 recruitment batch by the Karnataka Public Service Commission (KPSC).

A Division Bench comprising Chief Justice Subhro Kamal Mukherjee and Justice P.S. Dinesh Kumar rejected the applications filed by 81 selected candidates who had requested the court to allow the State to issue appointment orders to them subject to final outcome of a PIL petition. The legality of approval given by the Karnataka State Administrative Tribunal for the selections made by the KPSC was questioned in the PIL petition.

The Bench said that it cannot consider these applications for vacating stay due to the principles of res judicata as the court on April 21 rejected the plea for vacating the stay made by the State government.

NRI seats

The High Court has refused to recall its May 30 interim order for making admissions to vacant seats of postgraduate medical courses in all the medical colleges in the State only through the common counselling authority provided under the Regulation 9A of the Postgraduate Medical Education Regulations, 2000.

A Division Bench comprising Justice H.G. Ramesh and Justice K.S. Mudagal passed the order while dismissing applications filed on behalf of certain medical colleges for vacating the May 30 interim order though the State government too supported the plea for vacating the interim order.

“Nowhere it is stated that vacant postgraduate medical seats in Karnataka may be filled without following Regulation 9A of the regulations,” the Bench said, and added that the “Regulation 9A has no application to the postgraduate dental courses”. The court has already made it clear that all admissions made to postgraduate medical courses in Karnataka for the academic year 2017–18 under the NRI/management quota would be subject to the result of the petitions pending for adjudication.