Karnataka High Court demands transparency in KPSC appointments

The Karnataka High Court has directed the state government to maintain complete transparency in the appointment of the chairman and members of the Karnataka Public Service Commission (KPSC).There were two PILs challenging the appointment of KPSC chairman Shivashankarappa S. Sahukar by Shashi Prasad Gandhi and the appointment of 11 members by social activist T Narasimha Murthy. The announcement was made by a division bench headed by Justice Varale.

Call for transparency in KPSC appointments

The posts of KPSC chairman and members are high-level and sensitive constitutional posts, and the state government should maintain complete transparency in their appointment so that no objections, allegations, and arbitrary use of power are allowed.

The high court said in its order that "the state government should make all efforts to comply with the directions given by the Supreme Court in the case between the Punjab government and Salil Sablok on the procedure to be followed for the appointment of the chairman of the Public Service Commission."

Dispute over Hota Committee guidelines

On August 23, 2013, the state cabinet decided to drop the recommendations made by the Former Chairman of the Union Public Service Commission, PC Hota Committee. In 2021, when Shivshankar S. Sahukar was appointed as a member and then as chairman and 11 members, including Dr. Chandrakant D. Shivakeri, the recommendations of the Hota Committee were not in force.This is not to say that the government has not complied with the recommendations of the Hota Committee as argued by the petitioners. "In view of this, there is no need to consider the petitioner's plea that the guidelines of the Hota Committee should be followed, and the government should be directed to frame specific rules for the appointment of KPSC chairman and members," the court said.Specific rules should be framed for the appointment of KPSC chairman and members. In 2016, the high court had directed the government to follow the guidelines recommended by the Hota-led committee until the rules are framed.

Social activist T Narasimha Murthy, speaking to Republic, said, "However, the state government has appointed members to the KPSC without constituting a search committee as per the Hota committee guidelines and without framing any rules. My counsel had sought a direction to the government to cancel the appointment of KPSC members and appoint new members as per the Hota Committee."KPSC chairman Shivshankar S Sahukar was earlier a member. He has been appointed as the Chairman in 2021. However, no specific rule or guidelines of the Hota Committee were followed as per the high court order at the time of appointment. Therefore, his appointment should be cancelled, the counsel for another petitioner Shashi Prasad Gandhi had pleaded.