Court Rules Midway Changes in Selection Criteria as Violative of Constitutional Principles of Equality
In a significant judgment, the Jammu and Kashmir High Court has dismissed the writ petitions filed by candidates challenging the quashing of a select list for the post of Knitting Instructor, Divisional Cadre Jammu. The High Court upheld the Central Administrative Tribunal's decision, which found the selection process flawed due to changes in eligibility criteria made midway, violating Articles 14 and 16 of the Indian Constitution.
The case, titled "Sapna Devi v. Sheetal and Ors.," involved two writ petitions challenging the tribunal's order that quashed the select list and waitlist for the said posts. The tribunal had found that changes were made to the selection criteria during the process, which were not supported by recruitment rules or advertisements, thereby violating the constitutional principles of equality and non-arbitrariness.
The selection process, initiated in 2012, faced scrutiny after candidates who possessed qualifications not initially prescribed were allowed to participate. The tribunal had noted that the inclusion of such candidates, based on criteria altered midway without proper notification, rendered the process arbitrary and discriminatory.
The High Court, comprising Judges Sindhu Sharma and Shahzad Azeem, emphasized the importance of adhering to original recruitment criteria unless changes are explicitly permitted and justified under existing rules. The court rejected the petitioners' arguments that they were not heard and that the tribunal's decision was made without their input, citing that notices were duly served via registered post.
The bench also highlighted that the petitioners' reliance on un-notified draft recruitment rules lacked legal sanctity, reinforcing the tribunal's stance that any deviation from advertised qualifications without proper statutory backing vitiates the selection process.
The court's decision underscores the judiciary's commitment to upholding constitutional mandates in recruitment processes, ensuring fairness and transparency. The judgment directs competent authorities to take remedial steps to address the irregularities identified in the selection process.
Bottom Line:
Recruitment process - Criteria for selection cannot be changed midway or after the selection is over unless permitted by the existing rules or advertisement, and must satisfy the test of non-arbitrariness under Articles 14 and 16 of the Constitution.
Statutory provision(s): Articles 14, 16 of the Constitution of India, Section 27 of the General Clauses Act, 1897
Sapna Devi v. Sheetal, (Jammu And Kashmir)(DB) : Law Finder Doc id # 2854353
