18.
(SC) 07-11-2024
A. Constitution of India, Article 309 -- Recruitment process -- Recruitment process commences from the issuance of the advertisement calling for applications and ends with filling up of vacancies.
(Para 42(1))
B. Constitution of India, Article 14, 16, 309 -- Eligibility criteria – Change in midway – Permissibility of -- Eligibility criteria for being placed in the Select List, notified at the commencement of the recruitment process, cannot be changed midway through the recruitment process unless the extant Rules so permit, or the advertisement, which is not contrary to the extant Rules, so permit -- Even if such change is permissible under the extant Rules or the advertisement, the change would have to meet the requirement of Article 14 of the Constitution and satisfy the test of non-arbitrariness.
(Para 42(2))
C. Constitution of India, Article 309 – Select list – Right to be appointed -- Decision in K. Manjusree (2008) 3 SCC 512 lays down good law and is not in conflict with the decision in Subash Chander Marwaha, (1974) 3 SCC 220 -- Subash Chander Marwaha deals with the right to be appointed from the Select List whereas K. Manjusree deals with the right to be placed in the Select List -- The two cases therefore deal with altogether different issues.
(Para 42(3))
D. Constitution of India, Article 14, 16, 309 – Recruitment rules/ procedure – Deviation from – Permissibility of -- Recruiting bodies, subject to the extant Rules, may devise appropriate procedure for bringing the recruitment process to its logical end provided the procedure so adopted is transparent, non-discriminatory/ nonarbitrary and has a rational nexus to the object sought to be achieved -- Extant Rules having statutory force are binding on the recruiting body both in terms of procedure and eligibility -- However, where the Rules are non-existent, or silent, administrative instructions may fill in the gaps.
(Para 42(4(5))
E. Constitution of India, Article 14, 16, 309 – Select list – Right to be appointment -- Placement in the select list gives no indefeasible right to appointment -- State or its instrumentality for bona fide reasons may choose not to fill up the vacancies -- However, if vacancies exist, the State or its instrumentality cannot arbitrarily deny appointment to a person within the zone of consideration in the select list.
(Para 42(6)