Regularisation Of Backdoor Appointments Infringe Fundamental Rights Of Candidates Appearing In Competitive Process: Madras High Court
2 years, 8 months ago

Regularisation Of Backdoor Appointments Infringe Fundamental Rights Of Candidates Appearing In Competitive Process: Madras High Court

Live Law  

While adjudicating a man's plea for permanent absorption into the Indian Institute of Technology on the ground that he had been continuously rendering temporary services since 25 years, the Madras High Court heavily criticised the practice of back door appointment that was prevalent in the country. Justice S M Subramaniam opined that the practice of back door appointment was infringing the fundamental rights of all those candidates who were trying to secure public employment through open competitive process. While so, back door appointments or illegal or irregular appointments, if regularised, undoubtedly, the fundamental rights of those candidates, who all are aspiring to secure public employment through open competitive process are infringed. Thus, the back door appointments are to be stopped forthwith in order to ensure that equal opportunity in public employment is provided to all the eligible candidates through open competitive process by implementing the rule of reservation.

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History of this topic

All recruiting authorities of government departments in U.T. directed to strictly follow recruitment rules
3 weeks, 2 days ago

All recruiting authorities of government departments in U.T. directed to strictly follow recruitment rules

The Hindu  

In the wake of adverse observations made by the Supreme Court while dealing with a case on regularisation of service of ad-hoc lecturers at the Motilal Nehru Government Polytechnic College in Puducherry, the Department of Personnel and Administrative Reforms has directed all government departments in the Union Territory to strictly adhere to recruitment rules in the process of employing staff. …

When Appointment Advertisement Is Null & Void, Entire Process Can Be Nullified Without Hearing Appointed Candidates : Supreme Court
1 month, 2 weeks ago

When Appointment Advertisement Is Null & Void, Entire Process Can Be Nullified Without Hearing Appointed Candidates : Supreme Court

Live Law  

The Supreme Court today declared the 2010 recruitment process for Class-IV employees conducted by the Jharkhand government to be illegal and unconstitutional, thereby quashing the entire process. The Court further directed the state government to issue fresh Citing factors such as non-mentioning of the number of posts, not specifying the applicable reservation, and changing rule of game mid-way on including …

Recruitment process in public jobs cannot be altered midway: Supreme Court
4 months, 2 weeks ago

Recruitment process in public jobs cannot be altered midway: Supreme Court

Hindustan Times  

The Supreme Court on Thursday ruled that for recruitments of public appointments to be transparent and non-arbitrary, the rules of selection cannot be changed midway the recruitment process. The Constitution bench, headed by Chief Justice of India Dhananjaya Y Chandrachud, was referring to a 2008 SC decision in K Manjushree v State of Andhra Pradesh which held that tinkering with …

Backdoor Appointment Made On Minister's Recommendation: J&K High Court Dismisses Plea For Regularisation Of Employment
11 months, 3 weeks ago

Backdoor Appointment Made On Minister's Recommendation: J&K High Court Dismisses Plea For Regularisation Of Employment

Live Law  

Underscoring procedural integrity in public employment and the repercussions of backdoor appointments on the wider pool of eligible candidates the Jammu and Kashmir and Ladakh High Court has observed that once the initial engagement of a candidate is not by the competent authority, his services cannot be regularized. In dismissing a plea for regularisation, moved by the petitioner Tasleem Arif …

HC summons Puducherry PWD Secretary to explain allegations of illegal and irregular appointments in public service
2 years, 4 months ago

HC summons Puducherry PWD Secretary to explain allegations of illegal and irregular appointments in public service

The Hindu  

The Madras High Court has summoned the Puducherry Public Works Department secretary on Thursday to explain the process adopted in the Union territory with respect to public employment and also to disclose the number of illegal and irregular appointments made in the Department so far. During the course of hearing, the petitioner’s counsel complained to the court that backdoor appointments …

Equal Opportunity In Public Employment A Constitutional Mandate But Appointment Can't Be Claimed As A Matter Of Absolute Right: Madras High Court
2 years, 9 months ago

Equal Opportunity In Public Employment A Constitutional Mandate But Appointment Can't Be Claimed As A Matter Of Absolute Right: Madras High Court

Live Law  

The Madras High Court recently observed that in matters of public employments, equal opportunities should be granted. The petitioners argued that the respondent- Tamil Nadu Electricity Generation & Distribution Corporation utilized persons appointed as Gangmen to perform the duties of the Field Assistant and that this has resulted in a lot of accidents as the Gangmen are not qualified to …

Fraudulent Practice To Gain Public Employment Cannot Be Countenanced: Supreme Court Upholds Termination Of 38 Workmen By BCCL
3 years, 6 months ago

Fraudulent Practice To Gain Public Employment Cannot Be Countenanced: Supreme Court Upholds Termination Of 38 Workmen By BCCL

Live Law  

The Supreme Court observed that fraudulent practice to gain public employment cannot be countenanced to be permitted by a Court of law.The sanctity of public employment, as a measure of social welfare and a significant source of social mobility, must be protected against such fraudulent process which manipulates and corrupts the selection process, the bench of Justices Sanjay Kishan Kaul. …

Plea Under Art. 226 To Regularise Illegal Appointment Can’t Succeed: Allahabad HC [Read Judgment]
7 years, 9 months ago

Plea Under Art. 226 To Regularise Illegal Appointment Can’t Succeed: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court, in the case of Ram Krishna In 8802013 Vs. State of UP Through Secretary Vocational & Technical Education Lucknow & Ors, has noted that a writ petition under Article 226 of the Constitution to regularise an illegal appointment will not stand the test of law.Appointments to public posts have to be made in accordance with the …

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