Case Note & Summary
The petitioners, Multi Purpose Health Workers employed under the Directorate of Health Services, Government of Goa, filed a writ petition challenging the validity of the Government of Goa, Directorate of Health Services, Group C, Non-Ministerial, Non-Gazetted Posts, Recruitment Rules, 1990, specifically concerning the post of Sanitary Inspector. The petitioners argued that the Rules, which prescribe educational qualifications for direct recruits, should also apply to promotees, and that the Government's power to relax qualifications under Rule 5 is ultra vires Article 309 of the Constitution. The matter was referred to a Full Bench by a Division Bench order dated 30th September 2010. The court examined the Schedule to the Rules, which specifies the method of recruitment, age limit, and qualifications. Rule 3 provides that recruitment shall be as per columns 5 to 13, and Rule 5 confers power on the Government to relax any provision. The court held that the power to relax is valid and not ultra vires Article 309, as the Rules are made under the proviso to Article 309 and are subject to legislative power. The court further held that the Government can exercise discretion to relax qualifications for promotees, and the Rules are not arbitrary. The petition was dismissed, upholding the validity of the Recruitment Rules and the Government's power to relax.
Headnote
A) Service Law - Recruitment Rules - Power to Relax - Article 309 of the Constitution - The Government has the power to relax any provision of the Recruitment Rules, including educational qualifications, under Rule 5 of the Recruitment Rules, 1990. The court held that the power to relax is not ultra vires Article 309 and can be exercised in appropriate cases. (Paras 2-5) B) Service Law - Promotional Post - Educational Qualifications - The Recruitment Rules prescribe educational qualifications for direct recruits, but for promotees, the same qualifications may not apply. The court held that the Government can relax qualifications for promotees under Rule 5. (Paras 3-4) C) Constitutional Law - Article 309 - Proviso - Rules made under the proviso to Article 309 are subject to legislative power, but the power to relax is valid and does not violate the Constitution. (Para 2)
Issue of Consideration
Whether the Government of Goa has the power to relax the educational qualifications for promotion to the post of Sanitary Inspector under the Recruitment Rules, 1990, and whether the Rules are ultra vires Article 309 of the Constitution.
Final Decision
The court dismissed the writ petition, upholding the validity of the Recruitment Rules and the Government's power to relax qualifications under Rule 5.
Law Points
- Recruitment Rules
- Power to relax qualifications
- Article 309 of the Constitution
- Promotional post
- Educational qualifications
- Government's discretion
