Court says recruitment irregularities strike at the Constitution itself; de novo investigation ordered into Crime Nos. 78 and 89 of 2026, while quash pleas by selected candidates are kept pending
In a significant ruling on alleged irregularities in Karnataka Public Service Commission (KPSC) recruitments, the Karnataka High Court on September 21, 2026, ordered a de novo investigation by a Special Investigation Team (SIT) headed by senior IPS officers, instead of transferring the case to the Central Bureau of Investigation (CBI).
Justice M. Nagaprasanna delivered the common order in a batch of petitions arising out of Crime Nos. 78 of 2026 and 89 of 2026, both linked to allegations of corruption, manipulation, nepotism, OMR tampering, paper leakage and illegal selection in KPSC recruitments, including the selection of Veterinary Officers and Gazetted Probationers.
The Court described the KPSC as the “constitutional gateway to public employment” and observed that any fraud in recruitment is not merely a wrong against unsuccessful candidates but “a fraud upon the Constitution itself.” It stressed that recruitment scams directly undermine the equality of opportunity guaranteed under Articles 14 and 16 of the Constitution.
The petitions before the Court included writ petitions seeking transfer of investigation to the CBI, and criminal petitions filed by selected candidates seeking quashing of the FIR in Crime No. 89 of 2026. The selected candidates argued that they were being made scapegoats despite having qualified on merit. The State opposed CBI transfer, contending that such a move is not a routine remedy and that the CID was already investigating the matter.
After examining several Supreme Court precedents on transfer of investigation, the High Court held that CBI transfer cannot be ordered as a matter of routine. At the same time, it found that the allegations in the present case were too serious to be left to the jurisdictional police or the CID alone. The Court noted the recurring controversies surrounding KPSC recruitments over the years and the present allegations involving senior officials, middlemen and selected candidates.
However, the Court also held that CBI was not the only available option. Instead, it constituted an SIT comprising five senior IPS officers to conduct a fresh investigation. The SIT has been directed to investigate Crime Nos. 78 and 89 of 2026, follow the evidence wherever it leads, cooperate with the Enforcement Directorate, and submit its final report within 100 days. The Court also ordered periodic progress reports every 30 days.
The CID and jurisdictional police have been directed to hand over all records, documents and electronic evidence to the SIT within one week of the order being uploaded. The State Government has also been asked to notify the SIT as a police station for investigation purposes.
On the connected criminal petitions filed by selected candidates, the Court refused to quash the proceedings at the threshold. It said those pleas would be considered only after the SIT submits its report.
The judgment underscores the Court’s concern that recruitment malpractice in a constitutional body cannot be treated as an ordinary administrative lapse. At the same time, it reiterates that transfer to the CBI is an extraordinary power to be exercised sparingly, and that an independent SIT can also serve the ends of justice where public confidence in the existing investigation is at stake.
Bottom Line :
Public recruitment scam - Allegations of manipulation, bribery, nepotism, OMR tampering and illegal selection in Karnataka Public Service Commission recruitments - Transfer of investigation to CBI is not to be ordered routinely - Where allegations concern purity of recruitment by a constitutional body and public confidence in State investigation is at stake, High Court can constitute an independent SIT for de novo investigation - Accused/selected candidates cannot seek quashing at threshold when investigation into recruitment scam is required.
Statutory provision(s): Constitution of India, 1950 Articles 14, 16, 226, 315, 320, Bharatiya Nyaya Sanhita, 2023 Section 318(2), Karnataka Public Examination (Measures for Prevention of Corruption and Unfair Means in Recruitment) Act, 2023 Section 10
Mr. Raj Mohammed v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2982759
