Case Note & Summary
The Supreme Court considered two appeals arising from a High Court order in a writ petition which directed the Deputy Director (Minerals), Daltonganj Circle and the Labour and Employment Department to appoint certain Class III and Class IV employees from a list prepared by the Deputy Commissioner, Palamau. The appellants contended that departmental recruitment procedures existed and that the High Court's direction bypassed those procedures. The State of Bihar had two procedures for filling vacancies: the Deputy Commissioner or District Magistrate could prepare lists of eligible candidates for appointment to Class III and IV posts in the district, but the Department of Mines and Geology had specific instructions requiring a departmental committee consisting of Deputy Director (Geology) as Chairman, Assistant Director (Geology), District Welfare Officer, and one officer from Scheduled Castes/Scheduled Tribes to select candidates. The High Court directed the appellants to appoint from the Deputy Commissioner's list, leading to the appeals. The appellants argued that the High Court's direction would frustrate the departmental regulations, as each department needed to select candidates according to its own requirements and by its own committee; accepting an external list would result in appointment of persons not qualified or eligible for the department's posts. The respondents did not appear. The Supreme Court held that the question was whether the department was bound by the High Court direction to appoint from the Deputy Commissioner's list. The Court answered that the department was not bound, because the prescribed procedure for Mines and Geology was different from the district-level list procedure. The Court observed that acceptance of the Deputy Commissioner's list would frustrate regulations and be counterproductive, as the list was not prepared by a recruitment board for all departments. Therefore, the High Court's directions were wholly unjustified. The Court allowed the appeals, set aside the High Court's directions, and directed that the appellants could select candidates according to rules, call names from employment exchange, publish newspaper advertisement, and select eligible and fit candidates for 8 vacancies or any posts available. The same reasoning applied to the Labour and Employment Department.
Headnote
A) Service Law - Appointment and Recruitment - Selection Procedure - Mines and Geology Department and Labour and Employment Department - The High Court erred in directing the appellants to appoint candidates from the list prepared by the Deputy Commissioner/District Magistrate because each government department has its own prescribed selection procedure; for Mines and Geology, a committee comprising Deputy Director (Geology) as Chairman, Assistant Director (Geology), District Welfare Officer, and one officer of Scheduled Castes/Scheduled Tribes is required to select candidates. Accepting the Deputy Commissioner's list would frustrate the prescribed regulations and allow appointment of unqualified or ineligible persons. Held that the department must follow its own selection process, including calling names from employment exchange and publishing newspaper advertisement, and that the High Court directions were wholly unjustified and set aside (Paras 1-2).
Issue of Consideration
Whether the High Court was justified in directing the appellants to implement the list prepared by Deputy Commissioner/District Magistrate for appointment of Class III and Class IV employees, despite the existence of a separate departmental selection procedure.
Final Decision
Both appeals allowed; High Court directions set aside; appellants permitted to select candidates according to rules, call names from employment exchange, publish newspaper advertisement, and select eligible and fit candidates for 8 vacancies or available posts; no costs.
Law Points
- Government departments must follow their own prescribed recruitment procedure
- Departmental committee selection is mandatory
- Deputy Commissioner/District Magistrate's list is not binding on departments
- Acceptance of external lists frustrates regulations and may appoint unqualified persons
- Recruitment should be through employment exchange and newspaper advertisement
