Court Rules Against Retrospective Application of Reservation Norms, Orders Appointment of Selected Candidates
In a significant ruling, the Gauhati High Court has set aside the cancellation of the recruitment process for Rehabilitation Workers in Assam, which was annulled due to subsequent instructions to apply reservation norms. The judgment, delivered by Justice N. Unni Krishnan Nair, emphasizes that altering the eligibility criteria or recruitment rules after the process has begun is impermissible.
The case, titled "Himashmi Saikia v. State of Assam," involved 24 petitioners who had applied for the post of Rehabilitation Workers following an advertisement issued on July 30, 2022, by the National Health Mission (NHM), Assam. The recruitment process, which included interviews conducted in August 2023, culminated in a select list approved on March 12, 2024. However, the process was halted following a directive from the state executive on June 30, 2024, which called for cancellation due to the absence of reservation provisions for reserved communities.
Petitioners argued that the recruitment process should not have been cancelled, as the select list had already been published and appointments were imminent. They contended that changing the recruitment norms midway was arbitrary and violated principles of transparency and non-arbitrariness. The court concurred, noting that the select list's approval and publication conferred a legitimate expectation of appointment, barring any reasonable and non-arbitrary grounds for cancellation.
Justice Nair highlighted the principle established in the Supreme Court case of "Tej Prakash Pathak v. Rajasthan High Court," which asserts that the "Rules of the Game" cannot be changed after the recruitment process has commenced. The court found no justifiable reason for the selective cancellation of the recruitment process when the same reservation norms were not retroactively applied to other posts advertised simultaneously.
The court ordered the reinstatement of the recruitment process and directed that posting orders be issued to the candidates listed in the select list, strictly based on merit. The NHM authorities were instructed to complete this process within one month of receiving the court's order.
This judgment not only provides relief to the petitioners but also reinforces the legal principle that recruitment processes must adhere to the rules and criteria established at their commencement, ensuring fairness and predictability.
Bottom Line:
Recruitment process - Changing the "Rules of the Game" after the recruitment process has begun is impermissible - The recruitment process commences from the issuance of the advertisement and ends with the filling up of vacancies - Eligibility criteria notified at the commencement of recruitment cannot be altered unless specifically permitted by extant rules or advertisement.
Statutory provision(s): Recruitment process, Reservation norms, Article 14 of the Constitution, Non-arbitrariness principle.
Himashmi Saikia v. State of Assam, (Gauhati) : Law Finder Doc Id # 2838641
