Selecting more than notified posts
manjula Toshikhani
(Querist) 05 June 2015
This query is : Resolved
Sir,
I am working in a public transport corporation as personnel manager.we have our own cadre&recruitment regulations.
As per this regulations there is a provision to prepare the select list considering existing vacancies and the vacancies which will arise during one year in future.We have notified 1881 drivers posts in 2013. It took us allmost one year to complete the recruitment process and we published the final select list 4076 drivers considering present and future vacancies during August 2014. There were 8046 eligible who have passed the driving test. But now our action taken is considered illegal in view of recent supreme court judgments( they are not giving details of the judgments)and directing us to to limit the select list for notified posts only and to quash the remaining part of the list. Sir kindly give your opinion whether the action taken by us following our rules is incorrect and is there any directions from the supreme court regarding this.
the
Anirudh
(Expert) 05 June 2015
How many drivers have so far been given appointment letter?
manjula Toshikhani
(Querist) 05 June 2015
To the extent of only notified vacancies as per their comparative merit in the select list. But we are still in need of drivers
Anirudh
(Expert) 05 June 2015
Better advertise vacancies afresh - and select the candidates, if you have further vacancies.
Rajendra K Goyal
(Expert) 05 June 2015
For remaining vacancies you should advertise afresh.
manjula Toshikhani
(Querist) 05 June 2015
Sir is there any supporting rule or supreme court judgement for your above opinion. In M.A.Haque v Union of India(1993) the supreme court observed that recruitment rules have to be followed strictly .In Shankarsan Dash case(1991) the supreme court held that the decision not to fill up the vacancies must be bona fide. Please clarify
Anirudh
(Expert) 06 June 2015
You better find out the exact case law (citation) i.e. the recent supreme court judgment according to which select list is to be limited for notified posts only.
In any case, if there is a direction from higher ups to restrict the recruitment to the select list, why are you unnecessarily bothered about the other candidates? What is your interest?
Guest
(Expert) 06 June 2015
Ms. Manjula Toshikhani,
Your query tends to be an academic query for want of basic necessary facts.
Basically, your statement, "but now our action taken is considered illegal in view of recent supreme court judgments( they are not giving details of the judgments)and directing us to limit the select list for notified posts only and to quash the remaining part of the list," is basically vague, when you have not cleared the following points:
(1) Who has considered your action as illegal?
(2) Who has directed you to limit the select list for notified posts only and to quash the remaining part of the list?
(3) Who is not giving details of the judgment to you?
(4) Whether the judgment relates to any case pertaining to your organisation or someone other organisation? If not related to your organisation, how someone giving you direction, is linking the SC judgment with your select list?
If you reply my above queries I can reply your query to help you solve your problem.
manjula Toshikhani
(Querist) 06 June 2015
Sir,
Our Chairman and board of directors are thinking that this is illegal. and directed to limit the appointment to notified vacancies and also to take action on the concerned officers i.e me and others.But they are not giving the details of the judgement. Our legal officer opined that list published by us is correct as per our recruitment regulations. I have gone through the judgments available in the website.I found the following judgements
1.Rakhi Roy Vs High court of Delhi-civil appeal no of 2010 slp 2008 in cc 14852-14854/2008
2.Rameshkumar vs High Court of Delhi
But the above judgments pertaining to the High court recruitment
But there are no judgments relating to our recruitment regulations. our legal officers contention is that unless our recruitment regulation is challenged and court has directions we have have to follow.
I want to your advise,opinion for my rescue
and I am also thinking to meet the chief of the board if action taken by us is legally correct
Thanking you
Guest
(Expert) 06 June 2015
There is a vast difference between the two terms "recruitment" and "appointment". You have already stated that appointments have been made only the extent of only notified vacancies as per their comparative merit in the select list. So, no extra appointment is made than the notified vacancies (4076).
Unless recruitment rules are modified by the board or the concerned delegated authority, they cannot take any action on the concerned officers.
They are however competent to issue direction for deletion of the part of the select list over and above the select list.
For fresh recruitment for further vacancies, you may take approval of the competent authority.
