High court reprimands state government for not providing job to SC candidate

The Karnataka High Court has harshly criticised the state government, stating that it is unjust to deny appointment to the post of Excise Guard to an SC (Scheduled Caste) candidate on the grounds of a typographical error in his date of birth. According to a report by The Hindu, the court observed that a fair, transparent and accountable administrative system is required for a developed India and this is the need of the hour.

The division bench of Justice S.G. Pandit and Justice Chillakur Sumalatha dismissed the state government's writ petition which challenged the 2018 order of the Karnataka State Administrative Tribunal (KSAT). The KSAT had directed the appointment of Manjunath K. to the post of Excise Guard.

The entire matter dates back to 2010, when Manjunath K. passed the KPSC competitive examination for the post of Excise Guard. However, he was denied appointment due to a discrepancy in his date of birth. His SSLC marksheet showed the date of birth as 15 June, 1980, whereas according to his transfer certificate and other records, the correct date of birth was 1982. KPSC had given him one week to correct the error in the SSLC certificate.

Manjunath had approached the SSLC authorities and a civil suit was also filed. But before this process could be completed, KPSC published provisional and final selection lists, in which candidates with lower marks were selected, excluding Manjunath. Subsequently, the SSLC authorities admitted the error, corrected the records and issued a corrected certificate. Manjunath withdrew the civil suit, but KPSC refused to consider the corrected certificate, citing that the recruitment process had been completed.

Consequently, Manjunath approached the KSAT in 2011. In August 2018, the Tribunal directed the state government to appoint Manjunath as an Excise Guard or, if no vacancy exists, to create a supernumerary post for him.

The government had challenged this order in the High Court in 2021. Citing administrative difficulties, the government argued that as per a 2000 government circular, the date of birth in SSLC cannot be changed without a civil court order. However, it was presented before the court that Manjunath's father had passed away at a young age and he was raised by his labourer mother. He studied in a government school and only became aware of the error in the date of birth in the SSLC certificate when it was verified by KPSC.

The bench noted that the government's claim was not about the accuracy of the date of birth, but about the method of correction. The court also noted that the government itself had withdrawn the 2000 circular by issuing two notifications in 2009 and 2015, taking into account the difficulties faced by students and parents. The bench also found it strange that KPSC and the government had not accepted the corrections made by the SSLC authorities, who were themselves government employees.

The court observed, "The state has not only become a perpetrator of injustice, but has also taken refuge in the same circumstances to deny a legal right and the plate of food of an innocent person." The bench further added that a candidate who has fulfilled all necessary criteria should not be deprived of opportunity merely due to an official's error or the improper use of authority by another official. The court has given the government eight weeks to appoint Manjunath as per the Tribunal's order.

The Karnataka High Court is the highest judicial institution of the state that handles judicial administration in the state of Karnataka. It is presided over by senior judges of the state and is responsible for resolving legal issues.