Service Matters

Recruitment

A recruitment of good employee plays important role in the efficiently of administration.

Both Government as well as Private Sector has separate department or commission for selection of employees.

Equal Opportunity to every candidate

Recruitment starts from the stage of inviting applications from the eligible candidates through advertisement publication.

All eligible candidates for the posts can apply and participate in the selection process.

Few posts require experiences in particular field then only experience holder can apply for the post.

Some of posts have some minimum physical standard which are necessary to become eligible for the post.

Indian Army / Air Force/ Navy and Para-Military Forces like BSF/CRPF/ITBP/ Assam Rifles/ RPF etc. have their physical standard.

Few posts have some minimum medical standard to qualify the medical exam.

Selection Board is under obligation to provide equal opportunity to every eligible candidate.

Role of Article 16 in Recruitment

Article 16 of Constitution of India has very important in every recruitment process which mandates equality before public employment.

Although Article 16 also provides for some reservation to SC, ST, OBC, EWS etc.

It is the responsibility of the State Public Service Commission, Union Public Service Commission or any other authorized selection board to ensure compliance of Article 16 of the Constitution.

In absence of compliance of the Article 16, recruitment process may invite judicial scrutiny. Reserved candidate will avail UR post if he score high subject not availing any concession.

Stages of Recruitment Process

The entire selection process in recruitment consist inviting application, Written Exam, document verification, Interview, if applicable, preparation of merit list.

And at the last employer issue appointment letters to meritorious candidates.

Compliance of Recruitment Rules

Recruitment of every Government post has own statutory rules. selection agency conducts the selection as per the recruitment rules.

Sometime it has been observed that there is some discrepancy in the advertisement and statutory  rules.

In such conditions recruitment rules will prevail and selection process should go as per the statutory rules and regulations.

Minor discrepancy in advertisement contrary to selection rules or statutory provisions is permissible.

Final Merit List after Selection Process

UPSC or State PSC prepare final merit list after completion of selection process.

Selection candidates are subject to document verification and character antecedents.

Sometimes, Selection Board prepare waiting merit list along with final merit list.

Issue of Appointment letter

The next stage of appointment letter to meritorious candidates. If any candidates in final merit list failed to report or join duty within stipulated time.

Candidates from waiting list may join on calling by appointing authority.

Jurisdiction of Court Over Recruitment Disputes 

If any candidate feels that he scores high marks than meritorious candidates in final selection list, he can approach to Court quashing the merit list or revising the merit list on legal grounds.

Aggrieved candidates of recruitment in State Government vacancies may file Writ Petition before territorial jurisdiction of High Court.

If the vacancies pertain to Central Government or any autonomous bodies under Central Govt. then individual can filed Original Application before Central Administrative Tribunal situated in respective States.

Frequently Asked Questions 

1.      What are the stages of recruitment ? 

Answer: The advertisement of vacancies, inviting applications, scrutiny of application, finalization of list of eligible candidates, written test, interview, merit list & at appointment.

2.     Can appointing authority make appointment contrary to statutory rules ? 

Answer: No, appointing authority should make appointment as per statutory rules.

3.     Can appointing authority cancel appointment on non-compliance of rules strictly ? 

Answer: Authority cannot cancel such appointment on the ground of strict compliance of rules.

4.      Whether can appointments be made more than notified vacancies or in excess of sanctioned posts ?

Answer: Appointments made in excess of notified  vacancies ae violative of Article 14 and 16 of Constitution.

5.     If recruitment agency revise merit list, will the earlier less merit candidates be terminated from service ?

Answer :  No, appointing authority should not terminate them, but they should be placed at bottom of new merit list. Every case as own facts and merit.

6.    If anyone is aggrieved against final merit list, what is legal remedy ? 

Answer: Individual should challenge the merit list before appropriate forum i.e. CAT, High Court along with seeking stay on appointments of candidates.