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ami (Dy.Inspector of Schools)     10 October 2010

amendment of recruitment rules

Can any good heart respond pl:

Mr.X is a graduate govt servant with 30 years of service and to retire within 10 years.As per existing recruitment rules he is eligible for promotion.There are vacancies avilable now.But the govt is going to amend the existing recruitment rules with the need for a post graduation degree for the promotional post.Can he get exemption?I heard that there are orders in some courts in favour of this question.Anybody can help?



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 4 Replies

R.Ramachandran (Advocate)     10 October 2010

Unless the Recruitment Rules themselves provide for such exemption, no exemption would be available.  Courts cannot grant any exemption in the presence of provisions contained in the Recruitment Rules.

ami (Dy.Inspector of Schools)     10 October 2010

Thank u sir. but the existing vacancies are to be filled up only with the existing RRs only,isn't sir ? i am told that karnataka court in 2007 or 2008 ordered that "the state has right to amend RR and this court cannot interfere but the amendment to introduce higher qualification should not affect thoso who do not have the higher qualification" will you pl add more weight to this and i pray the concerned to respond too,pl

R.Ramachandran (Advocate)     10 October 2010

You are correct that the promotion in regard to the existing vacancies have to be conducted only on the basis of existing RRs.  But, I do not think that the HC is legally right to say that "amendment to introduce higher qualification should not affect thoso who do not have the higher qualification".  I do not know whether the Karnataka HC decision was appealed to the SC.  If it had been appealed to the SC, the decision would have certainly been reversed. It is for the organization concerned to decide what should be its RecruitmentRule depending upon the requirement of each organization.  The recruitment rules are framed keeping in view the organizational requirements, AND NOT on the basis of who are will get affected and who are to be protected.

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rajesh sonar (lawyer)     17 November 2010

there is no doubt that the govt is left with the discretion to amend the recruitment rules but at the same it should not be ultra-vires to Article-14 &16 of the constitution. in your case since the right to be promoted has already accrued in your favour and you have the acrued right in your the govt can not amend the recruitment rules bringing higher qualification as an embargo to get promotion. you can challenge the recuitment rules to the extent it violates the already accrued right in your favour. this view has been affirmed by the supreme court.

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