- 1 - HC-KAR NC: 2025:KHC:27993 WP No. 61670 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 61670 OF 2016 (GM-RES) BETWEEN KARNATAKA PUBLIC SERVICE COMMISSION UDYOGA SOUDHA, BENGALURU-560 001 BY ITS SECRETARY ...PETITIONER (BY SMT. SINCHANA MR., ADVOCATE) AND 1. KARNATAKA LEGISLATIVE ASSEMBLY LEGISLATIVE ASSEMBLY SECRETARIAT, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU-560233 BY ITS SECRETARY 2. COMMITTEE ON PAPERS LAID ON THE TABLE OF THE KARNATAKA LEGISLATIVE ASSEMBLY, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU-560233 BY ITS CHAIRMAN. 3. STATE OF KARNATAKA BY THE CHIEF SECRETARY TO GOVERNMENT, VIDHANA SOUDHA, BENGALURU-560001 4. STATE OF KARNATAKA DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS, VIDHANA SOUDHA, BENGALURU-560001 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27993 WP No. 61670 of 2016 BY ITS PRINCIPAL SECRETARY …. RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO TO QUASH REPORT OF THE 2ND RESPONDENT COMMITTEE INSOFAR AS IT DIRECTS THAT HENCEFORTH THE SECRETARY, KARNATAKA PUBLIC SERVICE COMMISSION SHALL APPEAR BEFORE ANY COMMITTEE OF THE KARNATAKA LEGISLATIVE ASSEMBLY WHENEVER CALLED UPON TO DO SO AS ULTRA VIRES THE POWERS OF THE 2ND RESPONDENT COMMITTEE UNDER RULE 224 OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE KARNATAKA LEGISLATIVE ASSEMBLY AND THE IMPUGNED REPORT IS ITSELF ULTRA VIRES THE POWERS VESTED IN THE 2ND RESPONDENT COMMITTEE BY RULE 291(1) OF THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE KARNATAKA LEGISLATIVE ASSEMBLY AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 14.07.2025, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ CAV ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. “To quash report of the 2nd Respondent Committee insofar as it directs that henceforth the secretary, Karnataka Public Service Commission shall appear before any Committee of the Karnataka Legislative Assembly whenever called upon to do so as ultra vires the powers of the 2nd respondent Committee under Rule 224 of the Rules of Procedure and Conduct of Business in the Karnataka Legislative Assembly and the impugned report is itself ultra vires the powers vested in the 2nd respondent Committee by rule 291(1) of the Rules of Procedure - 3 - HC-KAR NC: 2025:KHC:27993 WP No. 61670 of 2016 and Conduct of Business in the Karnataka Legislative Assembly. ii. Issue a writ in the nature of certiorari to quash the Communication bearing D.O.No.VisaSa/SaKaPa/ 40/Mu.Ka.Pa.Vya/2015 dated 13.11.2015 issued by the Respondent No.1 and Communication bearing No. SiAaSuEe 181 SeLoSe 2014, dated 19.10.2016 issued by the Respondent No.4 vide Annexure-H and P to the writ petition. iii. Pass such other orders as this Hon’ble Court deems fit to grant in the facts and circumstances of the case”. 2. The petitioner-Karnataka Public Service Commission (for short ‘KPSC’), is a constitutional authority established under Article 315 of the Constitution of India, and it is an independent and autonomous institution. 3. The petitioner had initially approached this Court on the ground that the Committee on Petitions could not have issued summons to the Secretary of the KPSC to appear before it in terms of Rule 262 of the Rules of Procedure and Conduct of Business in Karnataka Legislative Assembly (for brevity ‘the Rules’), which is reproduced hereunder for easy reference: - 4 - HC-KAR NC: 2025:KHC:27993 WP No. 61670 of 2016 “Constitution of the Committee:- 262. (1) There shall be a Committee on Petitions which shall consist of the Deputy Speaker and fifteen members nominated by the Speaker. *” Provided that a Minister shall not be elected as a member of the Committee and that if a member, after his election to the Committee is appointed as a Minister shall cease to be a member of the Committee from the date of such appointment”. Terms of the Committee:- (2) The Committee shall hold office for a term not exceeding one year. Quorum:- *(3) [x x x]” 4. A perusal of Sub-Rule (1) of Rule 262 of the Rules indicates the manner of the Constitution of the Committee on Petitions, and Sub-Rule (2) of Rule 262 of the Rules relates to the term of the Committee on Petitions. 5. Rule 263 of the Rules of Procedure and Conduct of Business in Karnataka Legislative Assembly is reproduced hereunder for easy reference: “ Functions of the Committee:- 263. (1) The Committee shall examine every petition referred to it, and if the petition complies with these rules, the Committee may direct that it be circulated. Where circulation of the petition has not - 5 - HC-KAR NC: 2025:KHC:27993 WP No. 61670 of 2016 been directed, the Speaker may at any time direct that the petition be circulated. (2) Circulation of the petition shall be in extenso or summary form as the Committee or the Speaker, as the case may be, may direct. (3) It shall also be the duty of the Committee to report to the House on specified complaints made in the petition refereed to it after taking such evidence as it deems fit and to suggest remedial measures either in a concrete form applicable to the case under review or to prevent such cases in future. 6. Rule 263 of the Rules, which is reproduced hereinabove, deals with functions of the Committee on Petitions. In terms of Sub-Rule (1) of Rule 263 of the Rules, the Committee on Petitions shall examine every petition referred to it and comply with all rules directed to be circulated. If not directed to be circulated, the Speaker may at any time direct the petition to be circulated. In terms of Sub-Rule (2) of Rule 263 of the Rules, circulation of the petition shall be extenso or summary, as the Committee on Petitions or the Speaker may decide. 7. What is relevant for this matter is Sub-Rule (3) of Rule 263 of the Rules, where the Committee on - 6 - HC-KAR NC: 2025:KHC:27993 WP No. 61670 of 2016 Petitions is required to report to the House on specified complaints made in the petition referred to it after taking such evidence as it deems fit and to suggest remedial measures either in a concrete form applicable to the case under review or to prevent such cases in the future. 8. Thus, a perusal of Sub-Rule (3) of Rule 263 categorically indicates that the Committee on Petitions, after taking such evidence, can suggest remedial measures. The Committee on Petitions being required to take such evidence, it would be needless to say that such evidence could be in the form of notices issued to persons to appear before it and to record their statements, as also issue notices to the concerned officers or the departments to produce the documents relevant for consideration of the petition, which would include the Secretary of the KPSC and such other officers as the Committee on Petitions deems fit. - 7 - HC-KAR NC: 2025:KHC:27993 WP No. 61670 of 2016 9. On the above, having been pointed out, Sri.P.S.Rajagopal, learned Senior Counsel on instructions submitted that it is not a Committee on Petitions which had issued the notice, it is the Committee on Papers Laid on the Table, who had issued the notice and in this regard, he placed reliance on Rule 291 of the Rules. 10. In that background, time was granted to file an amendment application, which has been so filed and allowed. After the amendment being made, what is required to be considered is the power of the Committee on Papers Laid on the Table to issue summons or notices for either personal appearance or production of documents. This aspect has been considered by this Court in its order dated 10.07.2025 in the case of THE SOUTH CANARA DISTRICT CENTRAL COOPERATIVE BANK LTD. Vs. REGISTRAR OF COOPERATIVE SOCIETIES - 8 - HC-KAR NC: 2025:KHC:27993 WP No. 61670 of 2016 AND OTHERS, in W.P.No.11264/2025 in sufficient detail. 11. This Court has categorically come to the conclusion that the Committee on Papers Laid on the Table, as the nomenclature itself indicates, can only look at the papers which had already been laid on the table and as such, could not issue any notices or summons for production of documents or papers. 12. Rule 291 of the Rules does not provide for recording of evidence but only for examination of papers which have already been laid on the table. No notice can be issued calling upon any officer of any department to be present before this Committee on Papers Laid on the Table. The said decision would equally apply to the present case. 13. Respondent No.2, being Committee on Papers Laid on the Table, could not have issued any notice to the KPSC to produce any documents or a notice to the Secretary of the KPSC to be present before it. The - 9 - HC-KAR NC: 2025:KHC:27993 WP No. 61670 of 2016 Committee on Papers Laid on the Table is only required to examine the papers and submit its report in respect of the items covered under Clause (a) to Clause (e) of Sub-Rule (1) of Rule 291 of the Rules. 14. In that view of the matter, I pass the following: ORDER i) The writ petition is allowed. ii) A report of the Committee on Papers Laid on the Table of the Karnataka Legislative Assembly insofar as directing the Secretary, KPSC to appear before it, is held to be ultra vires the power vested with the Committee on Papers Laid on the Table. iii) A certiorari is issued, the communication bearing D.O.No.ViSaSa/SaKaPa/40/Mu.Ka.Pa.Vya/2015 dated 13.11.2015 issued by respondent No.1 and the communication bearing No.SiAaSuEe 181 SeLoSe 2014 dated 19.10.2016 issued by - 10 - HC-KAR NC: 2025:KHC:27993 WP No. 61670 of 2016 respondent No.4 at Annexure-H and Annexure-P respectively, are quashed. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 1