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Rajasthan Public Service Commission v. Kailash Chandra Jyotishi and Ors.

Civil Appeal · 2017 INSC 643Decided 19 Jul 2017
Civil Appeal No. 9289 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

A group of writ petitioners had obtained a degree whose recognition was initially disputed, but subsequent developments confirmed the degree was validly recognised and they became duly qualified. The High Court directed the Rajasthan Public Service Commission (RPSC) to consider them for recruitment despite the earlier doubts over their qualification. The RPSC, acting on the State Government's direction, challenged this before the Supreme Court in a batch of connected appeals.

Decision Breakdown

The Supreme Court held that once a candidate's qualifying degree is duly recognised, the Public Service Commission has a legal duty to consider that candidate for recruitment: it is not the Commission's concern how the State will later accommodate successful candidates against available or newly created vacancies. The Court noted the State Government itself had not filed any appeal, yet had directed the Commission to do so, and found this stance difficult to appreciate since the Commission's role is merely to conduct recruitment as directed by the appointing authority. Finding no merit in the appeals, the Court dismissed all of them, upholding the High Court's direction to consider the candidates.

Lesson Learnt

A recruiting/examining body cannot refuse to consider an otherwise eligible candidate merely because of downstream administrative difficulties in creating or filling vacancies: eligibility and appointment logistics are separate questions, and the former cannot be held hostage to the latter.

Official source (sci.gov.in)View Judgment (PDF)

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