Karnataka government has the power to appoint officers to Group A posts in BBMP: High Court

The State’s reserved power to appoint Group A officers under Rule 4(a) is a constitutional safeguard that ensures efficiency, competency, and alignment with broader State policies, observes the court

Karnataka government has the power to appoint Group A officers to the Bruhat Bangalore Mahanagara Palike (BBMP) and other similar urban local bodies, said the High Court of Karnataka, while upholding the legality of Rule 4(a) of BBMP (General Cadre and Recruitment of Officers and Employees) Rules, 2018.

“The State’s reserved power to appoint Group A officers under Rule 4(a) is a constitutional safeguard that ensures efficiency, competency, and alignment with broader State policies. Judicial precedents have reinforced the State’s supervisory role over local bodies, ensuring that strategic, merit-based, and non-partisan appointments are made to these senior positions,” the Court observed.

Preserving balance

This power, the Court said, preserves the delicate balance between local governance autonomy and State control necessary for effective and uniform public administration

Justice Sachin Shankar Magadum passed the order while dismissing a petition filed by the BBMP Officers and Employees’ Welfare Association, which had challenged the legality of Rule 4(a), which empowers the State to appoint offices to Group A posts in the BBMP. The Court rejected the association’s contention that it is only the BBMP’s Chief Commissioner who has the power to make appointments to these posts.

Citing apex court’s judgements on State government’s control over local bodies, the High Court said strategic overseeing by the State government is necessary for maintaining consistency in governance and development policies.

Control is essential

“The State’s control over these appointments is essential for the coordination of state-wide development policies, especially in a city like Bengaluru, where urban development and governance are crucial to the State’s economic growth,” the High Court observed.

Another important aspect of State control over Group A appointments is to safeguard these positions from local political interference, the High Court said while pointing out that the State government’s direct involvement ensures that appointments are based on objective criteria rather than local political dynamics, which may skew recruitment for short-term political gains.

Published - October 14, 2024 10:26 pm IST