transparency in recruitment - The Legal Chamber

This Supreme Court judgment reiterates that executive instructions, such as a New Recruitment Policy, cannot override or supplant statutory rules or rules framed under Article 309 of the Constitution. A recruitment process, once commenced under specific statutory rules, cannot be altered midway by executive fiat, as doing so amounts to changing the rules of the game after it has begun and violates principles of fairness and legitimate expectation. Facts Of The Case: The State of Tripura initiated a recruitment process for the post of Enrolled Followers in the Tripura State Rifles, conducted strictly under the Tripura State Rifles Act, 1983 and its corresponding Rules. The process, involving advertisements, physical tests, written exams, and interviews, had advanced significantly, with pr...

The Supreme Court distinguished between irregular and illegal appointments, holding that procedural lapses not attributable to the appointees do not render appointments void if made against sanctioned posts by competent authority. The doctrine of severability applies to protect valid appointments from en masse cancellation, ensuring compliance with Articles 14 and 16. Natural justice mandates individual scrutiny before termination. Facts Of The Case: The appellants were initially appointed to Class-IV posts in the Jharkhand State Electricity Board (JSEB) between 2004–2006. Subsequently, they applied for and were selected for Class-III posts (Routine Clerk and Lower Division Assistant) through an internal recruitment process in 2009, pursuant to a standing order. Their appointments were f...

Tag: transparency in recruitment

Doctrine of Severability: Supreme Court Says Don’t Punish the Innocent for Administrative Lapses