Summary
The Supreme Court declined to disturb annulment of a tainted KPSC selection, noting evidence of compromised interviews and interference with records. Where the process itself is tainted, segregation of individual candidates may not always be necessary. The Court nevertheless permitted parties to move the High Court within two weeks on the distinct contention that the written examination was unblemished. The High Court could consider preserving its results, re-evaluating all scripts or sustaining cancellation; those merits remained open.
Issues
- Whether the Court should interfere with annulment of the tainted selection process.
- Whether the written examination could be independently preserved and followed by further selection.
Held
- The material included candidate–member call details, identical marks awarded by interviewers without individual objective assessment and replacement of a digital video recorder to destroy evidence. The High Court was justified in sustaining annulment. Where the entire process is tainted, separating tainted and untainted candidates may not always be required; pre-appointment cancellation is reviewed for patent arbitrariness, mala fides or illegality. (¶¶ 6, 7)
- The contention that the written examination alone was free of irregularity had apparently not been raised before the High Court. Parties could move it within two weeks. Depending on its merits assessment, it could restore written results and allow further selection, order re-evaluation of all scripts, or sustain cancellation for fresh selection. The Supreme Court expressed no view on these alternatives. (¶¶ 8, 9)
- The High Court was requested to decide any such application expeditiously, preferably within three months from being moved. No immediate restoration of appointments or written results was ordered. (¶ 9)
Result
Appeals disposed of without disturbing annulment, with liberty to move the High Court within two weeks on preservation of the written examination; decision requested preferably within three months of the application.