Case Note & Summary
The case involved an appeal by the State of Bihar against a judgment of the Patna High Court regarding the recruitment process for Class III posts. The recruitment was advertised by the Bihar State Selection Service Board, with a total of 1005 posts available. The selection process faced scrutiny as the High Court noted that no merit list was prepared, and candidates were appointed without considering their aptitude or calling for options. The State's argument was that candidates were selected based on educational qualifications and pay scales. However, the Supreme Court found that the absence of a merit list indicated an arbitrary selection process, violating Article 14 of the Constitution. The Court emphasized that the normal procedure requires a merit list to be prepared and candidates to be recommended for appointment accordingly. The Court also clarified that while options from candidates could be solicited, it was not mandatory for the Government to select candidates based on those options. Ultimately, the Supreme Court upheld the High Court's decision, directing the Government to follow the law laid down in the judgment for pending cases, while dismissing the appeal without costs.
Headnote
A) Constitutional Law - Recruitment Process - Validity of Selection - Constitution of India, Article 14 - The High Court found that no merit list was prepared for the selection of candidates, leading to arbitrary appointments. The Supreme Court upheld this finding, stating that the selection process must adhere to objective criteria and that the lack of a merit list rendered the appointments illegal. Held that the Government must follow a rational method for allotment of candidates (Paras 1-2).
Issue of Consideration
Whether the selection and appointment of candidates without preparing a merit list and without calling for options is arbitrary and violates Article 14 of the Constitution.
Final Decision
The Supreme Court dismissed the appeal, upholding the High Court's finding of arbitrariness in the selection process and directed the Government to act in accordance with the law laid down in the judgment for pending cases.
Law Points
- Article 14
- arbitrary selection
- merit list
- recruitment process
- educational qualifications
