Public losing faith in exams: Karnataka High Court dismisses KPSC Chairman's anticipatory bail plea

The Karnataka High Court has dismissed an anticipatory bail plea filed by suspended Karnataka Public Service Commission (KPSC) Chairman Sahukar S Shivashankarappa in connection with the alleged veterinarians' recruitment scam [Sahukar S Shivashankarappa v. State of Karnataka].

Shivashankarappa is among the KPSC officials accused of having manipulated the recruitment process to favour certain candidates, including relatives of KPSC officials. A trial court rejected his anticipatory bail plea on August 11, prompting him to approach the High Court for relief.

Justice S Vishwajith Shetty today noted that the allegations raised serious concerns. He observed that because of such irregularities in public exams and recruitment, people were losing faith in such processes.

"Public is losing faith in the system of examination. We have seen so many meritorious students commit suicide in that NEET (because of NEET paper leaks). So many. What mistake have they made? What have they done? What is the loss that the family has suffered? It's not the question of just the result. There are so many issues that people are not able to come forward and answer. These things should be put to an end. Then and there, they (accused) should be arrested," the judge remarked.

The case concerns alleged irregularities in the KPSC recruitment examination for 400 Veterinary Officer posts.

The complaint alleged that relatives of KPSC officials secured unusually high marks, that some candidates were allegedly given access to the question paper before the examination, and that OMR sheets were tampered with. Middlemen allegedly approached candidates and promised to secure appointments for ₹70-80 lakhs, allegedly by manipulating their OMR marks.

Shivashankarappa was booked for the offence under Section 318 (cheating) of the Bharatiya Nyaya Sanhita and under provisions of the Karnataka Public Examinations (Measures for Prevention of Corruption and Unfair Means in Recruitment) Act, 2023.

A trial court, on August 11, rejected Shivashankarappa's anticipatory bail plea, citing the seriousness of the allegations, the need for his custodial interrogation and the possibility of his influencing the investigation, witnesses or evidence given his position.

Shivashankarappa challenged this ruling before the High Court.

His counsel, Senior Advocate Aruna M Shyam, contended that Shivashankarappa was facing health issues since he had recently undergone surgery.

Shyam urged the Court to grant the KPSC Chairman bail given his health condition, his advanced age, and since he did not have prior criminal records. The media had blown the issue out of proportion, Shyam further told the Court.

Appearing for the State, Public Prosecutor BN Jagadeesha opposed any grant of relief, arguing that the KPSC chairman had taken the entire system for a ride.

After considering the rival submissions, the Court rejected Shivashankarappa's plea for pre-arrest bail.

On July 10, the Governor of Karnataka had suspended Shivashankarappa from the post of KPSC Chairman amid the allegations of corruption levelled against him.

Last month, however, the High Court quashed this suspension order on noting that it was passed without the aid and advice of the State cabinet, a requirement under Article 317 of the Constitution when it comes to the removal of a chairperson.

Days later, Governor Thawar Chand Gehlot suspended him a second time upon the recommendation of the State Cabinet. In Shivashankarappa's place, the next senior-most officer of the KPSC was directed to serve as its acting chairperson.