Hello friends, Imagine, you worked hard for years, got a job and then suddenly everything ended in one stroke The Supreme Court has completely cancelled the recruitment of Class IV employees done by the Jharkhand government in the year 2010, terming it illegal and unconstitutional. Along with this decision, the court has directed the state government to start a new recruitment process by issuing a new advertisement in the next six months.
Why was the recruitment process cancelled?
The Supreme Court found that there were many serious flaws in this recruitment process, which violated Articles 14 and 16 of the Constitution. These mainly include:
- The number of posts was not clearly stated in the advertisement.
- The rules of reservation were not implemented properly.
- The interview was added by changing the rules in the middle of the recruitment process, which was not there initially.
For these reasons, the Supreme Court upheld the decision of the Jharkhand High Court and terminated the services of the appointed candidates without giving them a chance to be heard.
How were the appointments cancelled without a hearing?
Many candidates argued that they were removed without a hearing, which is against the principles of natural justice. However, the court clarified that when an appointment is completely illegal (null and void) in law, then the principles of natural justice do not apply to it.
The Supreme Court, citing the case of Union of India vs Raghuvar Pal Singh (2018) 15 SCC 463, said that when the appointment itself is illegal, there is no need to give the candidates a chance to be heard before cancelling it.
The court cannot protect illegal appointments
The court also made it clear in its decision that those who have been recruited in an incorrect manner cannot demand the correct process later. If there was no transparency in any recruitment and the rules were not followed, then those candidates have no right to remain in service. The court said, “If the appointment process is declared illegal by law, then all the appointments given under that process also automatically become illegal.”
Transparency is necessary in government recruitment
The Supreme Court in its decision gave a strong message to the governments that transparency and fairness are necessary in government jobs. Under Article 14, every citizen should get equal opportunity and there should not be any kind of discrimination or arbitrariness in any recruitment. It is the responsibility of the state government to maintain fairness in jobs and not to do any kind of arbitrariness. Government jobs do not only mean giving employment to people but also protecting the values of the Constitution. –
What will happen next?
Now the Jharkhand government will have to start the recruitment process under the new rules within six months. The candidates affected by this decision will now have to appear in the examination and recruitment process afresh.
Conclusion
This decision can become an example of all those government recruitments where questions are raised about transparency. The Supreme Court made it clear that if any recruitment process has been done in a wrong manner, no matter how many years it has been going on, it can be ended. Transparency in government jobs and following the rules of the Constitution are most important.
Disclaimer: This article is written for informational purposes only. The information given here is not official legal advice. Readers are advised to consult the concerned expert in any legal matter.
Also Read:
Understanding the Law of Torts Bare Act: A Complete Guide
Comprehensive Law of Torts Notes: Key Principles and Case Studies
