Karnataka HC pulls up KPSC, transport authorities over false certificates on training in non-existing heavy vehicles with petrol engine

Observing that petrol-engine heavy goods vehicles (HGVs) and heavy passenger vehicles (HPVs) have not existed in India for decades, the High Court of Karnataka has castigated the Transport Commissioner and the Karnataka Public Service Commission (KPSC) for “blindly” accepting certificates issued by State transport corporations stating that certain candidates had undergone one year of training in repairing such vehicles at the corporations’ workshops.

The court noted that statements by the Karnataka State Transport Corporation (KSRTC), the Bangalore Metropolitan Transport Corporation (BMTC) etc. in their certificate about heavy vehicles fitted with petrol-powered engines were “a blatant lie” and it was unreasonable for the commission and the KPSC to accept such certificates.

Certificates rejected

Also, the court found fault in the action of the KPSC and the commissioner in rejecting the certificates issued by the private workshops, which have clearly stated that the candidates have not undergone training in heavy vehicles with petrol-powered engines.

A Division Bench comprising Justice R. Devdas and Justice K. Manmadha Rao made these observations on the petitions filed by certain candidates challenging non-issuance of appointment orders despite their names being found in the revised final selection list published in 2023 to posts of motor vehicle inspectors (MVIs) for which recruitment notifications were issued in 2016.

The petitioner-candidates had challenged an order of the Karnataka State Administrative Tribunal (KSAT), which upheld the action of the KPSC and the Transport Commissioner in accepting certificates issued by the KSRTC, BMTC etc., in favour of certain candidates.

KSAT’s findings

The Transport Department had questioned the KSAT’s finding that the aggregate or the combined experience of the candidates acquired in various workshops/garages which dealt with all the three types of vehicles, should be sufficient to meet the requirement of the law and there was no need to have one year’s experience in each category of vehicles.

While the Bench dismissed the department’s petitions and upheld tribunal’s finding, it found fault with the tribunal’s decision of agreeing with the action of accepting certificates issued by corporations on petrol-engines.

“...Knowing fully well that for the past several decades there are no petrol vehicles in the category of HGV and HPV in India, the statement made in such certificates issued by the State-owned corporations are a blatant lie,” the Bench said, while pointing out that the Central government had amended the law by deleting the provisions in the Motor Vehicles Act related to petrol-engine HGV and HPVs.

‘Travesy of justice’

Therefore, the Bench said that action of the KPSC and the Transport Commissioner “is nothing but travesty of justice”. Interestingly, the government admitted before the court that petrol-engine heavy vehicles did not exist in India.

The Bench made it clear that the Transport Commissioner cannot be permitted to reject the candidature of any selected candidate or decline to issue appointment order on the ground that he/she does not have the experience in HGV or HPV fitted with petrol-powered engine.

Meanwhile, the Bench directed the Government to issue appointment orders to such candidates in the revised selection list within two months, with all consequential benefits including seniority on par with those already appointed.