Candidates to be Reassessed Based on Original Advertisement Following Court’s Intervention
In a significant ruling, the Madhya Pradesh High Court, under the bench of Justice Jai Kumar Pillai, has overturned the Madhya Pradesh Public Service Commission’s (MPPSC) decision to reject candidates based on the requirement of a "Post Graduate Additional Registration" which was not part of the original recruitment advertisement. The court ruled that the imposition of this unstated criterion post-recruitment commencement violates principles of fairness and transparency.
The judgment comes in response to a series of writ petitions filed by Dr. Vijay and others, challenging the MPPSC’s decision to reject their applications for Medical Officer (Grade-I) and Specialist Doctor positions under the Public Health and Medical Education Department. The petitioners, all qualified medical practitioners, argued that the essential eligibility criteria were limited to possessing a recognized Post Graduate qualification in the concerned specialty along with permanent registration with the Madhya Pradesh Medical Council. The court noted that the additional registration requirement was neither stipulated in the advertisements nor in any contemporaneous corrigendum.
Justice Pillai emphasized that any ambiguity in a recruitment advertisement must benefit the candidate rather than the employer, referring to precedents set by the Supreme Court of India. The ruling states that candidates cannot be rejected based on conditions introduced after the recruitment process has begun, a principle rooted in the doctrine prohibiting rule changes mid-way through the process.
The court acknowledged the procedural delay in the issuance of the Additional Registration by the Madhya Pradesh Medical Council as an administrative issue beyond the candidates' control. It criticized MPPSC’s decision to reject applications after having allowed candidates to participate in interviews, terming this as a change in the “rules of the game” post commencement.
The judgment directs the competent authority to verify the educational qualifications of the petitioners and determine their eligibility based on the original criteria. If found eligible, candidates should be allowed to continue in the recruitment process without being impeded by the absence of the “Post Graduate Additional Registration” as of the cut-off date.
The decision marks a victory for the petitioners and underscores the judiciary's role in ensuring transparency and fairness in public employment processes. The court’s ruling sets a precedent for similar cases where recruitment agencies attempt to alter eligibility conditions post commencement of the recruitment process.
Bottom Line:
Recruitment - Rejection of candidature based on a condition not mentioned in the recruitment advertisement - Requirement of "Post Graduate Additional Registration" was neither mandatory nor part of essential eligibility criteria in the advertisement - Candidates cannot be rejected solely on such unstated criteria - Doctrine prohibiting change of rules mid-way applied.
Statutory provision(s): Articles 14, 16, and 226 of the Constitution of India.
Dr. Vijay v. M.P. Public Service Commission, (Madhya Pradesh)(Indore) : Law Finder Doc id # 2844677
