Case Note & Summary
The Supreme Court allowed the appeals filed by the State of Uttar Pradesh against the judgment of the Allahabad High Court Division Bench. The dispute arose from the recruitment process for the post of Gram Panchayat Adhikari (Group C) initiated by an advertisement dated 22.06.2015. The selection was conducted under the Uttar Pradesh Direct Recruitment to Group ‘C’ Posts (Mode and Procedure) Rules, 2015 (2015 Rules), which contain a non-obstante clause overriding all other service rules. The Uttar Pradesh Subordinate Services Selection Commission conducted a written examination and interview, declared results on 24.12.2016, and issued appointment letters in April-May 2017. The private respondents, who were not in the select list forwarded to the appointing authority, filed a writ petition seeking consideration against vacancies arising from non-joining of selected candidates. The Single Judge dismissed the petition, but the Division Bench allowed it, relying on Rule 15(4) of the Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978 (1978 Rules), which permits a list larger than vacancies by up to 25%. The State argued that the 2015 Rules override the 1978 Rules and do not provide for any waiting list. The Supreme Court held that the 2015 Rules, being later and containing a non-obstante clause, prevail over the 1978 Rules. The 2015 Rules only require the Commission to forward a select list based on merit; no waiting list is contemplated. The 1999 Government Order also dispenses with waiting lists except for single posts. The Court further noted that the respondents participated in the selection without protest and are estopped from challenging the rules. The 2016 amendment to the 1978 Rules was clarificatory and does not affect the recruitment. The Court set aside the Division Bench's order and dismissed the writ petition, also rejecting the impleadment applications as the applicants were fence-sitters.
Headnote
A) Service Law - Recruitment - Overriding Effect - Non-obstante clause - The 2015 Rules contain a non-obstante clause and override the 1978 Rules, even though the latter are special rules, because the 2015 Rules are later in time and specifically apply to all Group C posts. The 2015 Rules do not provide for a waiting list; only a select list based on merit is to be forwarded. (Paras 13, 20-22)
B) Service Law - Waiting List - Not a Perennial Source - The waiting list cannot be used as a perennial source of recruitment; candidates not in the select list have no vested right to appointment. The 1999 Government Order also dispenses with waiting lists except for single posts. (Paras 10, 22)
C) Service Law - Estoppel - Participation in Selection - Candidates who participated in the selection process without protest are estopped from challenging the rules of selection after being unsuccessful. (Para 15)
D) Service Law - Amendment - Abundant Caution - The 2016 amendment to the 1978 Rules was clarificatory and does not affect the recruitment process already conducted under the 2015 Rules. (Para 15)
Issue of Consideration
Whether the 2015 Rules override the 1978 Rules for recruitment to the post of Gram Panchayat Adhikari, and whether a waiting list can be maintained under the 2015 Rules.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned judgment and order of the Division Bench, and dismissed the writ petition filed by the private respondents. The impleadment applications were also dismissed.
Law Points
- Non-obstante clause
- General law vs special law
- Waiting list
- Recruitment rules
- Overriding effect
Case Details
2022 LawText (SC) (12) 11
Civil Appeal Nos. 8822-8823 of 2022 (Arising out of SLP (C) Nos. 10386-10387 of 2020)
Ms. Ruchira Goel (for Appellant), Mr. V.K. Shukla (for Respondent Nos. 1-3), Mr. M.R. Shamshad (for Respondent No. 4)
The State of Uttar Pradesh
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Civil appeal against the judgment of the Allahabad High Court Division Bench which allowed the writ petition of private respondents and directed consideration of candidates beyond the select list for the post of Gram Panchayat Adhikari.
Remedy Sought
The State of Uttar Pradesh sought to set aside the Division Bench's order and the review order, and to uphold the Single Judge's dismissal of the writ petition.
Filing Reason
The State contended that the High Court erred in applying the 1978 Rules instead of the 2015 Rules, which do not provide for a waiting list, and that the respondents had no vested right to appointment.
Previous Decisions
The learned Single Judge dismissed the writ petition. The Division Bench allowed the appeal, directing consideration of candidates in the waiting list. The review application filed by the State was dismissed.
Issues
Whether the 2015 Rules override the 1978 Rules for recruitment to the post of Gram Panchayat Adhikari?
Whether a waiting list can be maintained under the 2015 Rules?
Whether the respondents have a vested right to appointment against unfilled vacancies?
Submissions/Arguments
Appellant: The 2015 Rules contain a non-obstante clause and override the 1978 Rules; no waiting list is provided; respondents participated without protest and are estopped; the 1999 GO dispenses with waiting lists.
Respondents: The 1978 Rules are special rules and should prevail; Rule 15(4) provides for a waiting list; the 2016 amendment does not affect the process; there is a vested right to appointment against unfilled vacancies.
Ratio Decidendi
The 2015 Rules, being later in time and containing a non-obstante clause, override the 1978 Rules. The 2015 Rules do not provide for a waiting list; only a select list based on merit is to be forwarded. Candidates not in the select list have no vested right to appointment. Participation in the selection process without protest estops candidates from challenging the rules.
Judgment Excerpts
The 2015 Rules are brought into the statute with effect from 11.05.2015. Rule (1) speaks of the application to Group ‘C’ posts, while Rule (2) highlights the fact that it will have an overriding effect, notwithstanding anything to the contrary contained in any other service rules made under the proviso to Article 309 of the Constitution of India.
Under Rule 8(2), it is made clear that all Group ‘C’ posts would come under its purview, except those specifically excluded by the Government by way of a notification, and laid down the procedure of direct recruitment by way of a written examination followed by an interview. Thereafter, the Commission shall prepare a list of candidates on the basis of merit and forward it to the appointing authority. Thus, these rules do not provide for any waiting list.
Procedural History
The private respondents filed a writ petition before the Allahabad High Court challenging the non-consideration of their names for appointment. The learned Single Judge dismissed the writ petition. The Division Bench allowed the appeal and directed consideration of candidates in the waiting list. The State filed a review application, which was dismissed. The State then appealed to the Supreme Court.
Acts & Sections
- Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978: Rule 15(1), Rule 15(4)
- Uttar Pradesh Direct Recruitment to Group ‘C’ Posts (Mode and Procedure) Rules, 2015: Rule 1, Rule 2, Rule 8(2)
- Uttar Pradesh Subordinate Services Selection Commission Act, 2014: Section 15
