Case Note & Summary
The dispute arose from the Government's requisition to the Union Public Service Commission for filling the post of Assistant Director General (Prevention of Food Adulteration) following the death of the incumbent. The Government later requested the Commission to halt the selection process as it was considering amending the recruitment rules to allow for promotions to the post. Despite this, the Commission advertised the position, leading to an interim order from the Central Administrative Tribunal that stayed the selection process. The appellant, who was called for an interview, contested the Tribunal's decision, arguing that the selection process should not have been frozen once it had commenced. The court analyzed whether the Government's withdrawal of the requisition interfered with any vested rights of the appellant. It concluded that since the requisition was withdrawn before the advertisement was issued, no vested rights had crystallized. The court emphasized that the Government has the authority to amend recruitment rules and that the Commission's actions were premature and unjustified. Ultimately, the appeal was dismissed, affirming the Tribunal's decision and the Government's discretion in managing the recruitment process.
Headnote
A) Service Law - Recruitment Process - Government's Authority to Withdraw Requisition - Service Law - The Government can request the Commission to withhold the selection process before an advertisement is issued, allowing for potential amendments to recruitment rules. This ensures that the selection process aligns with the Government's policy decisions regarding promotions. Held that the Commission's action was unjustified as the Government's communication was valid (Paras 5-6).
Issue of Consideration
Whether the Government can withdraw a requisition for selection after the process has commenced.
Final Decision
The Supreme Court dismissed the appeal, affirming the Tribunal's decision and the Government's authority to withdraw the requisition before the selection process commenced.
Law Points
- Government's discretion in recruitment
- withdrawal of requisition
- vested rights in selection
- promotion policy
- role of selection commission
