The Supreme Court said that the selection for government jobs should be on merit and ignoring those who get more marks and appointing less qualified would be a violation of the constitution. The bench of Justice L Nageswara Rao and Justice Indira Banerjee made the observation while upholding the decision of the Jharkhand High Court wherein the High Court appointed 43 persons to the post of Police Sub-Inspectors on the basis of merit after the revised selection list prepared by the administration on rectification of irregularities. Was allowed.
In 2008, the Home Department of the Government of Jharkhand issued an advertisement for the post of Deputy Inspector of Police, Attendant and Company Commander. 382 people were selected in the last published list but later the state government constituted a high level committee to investigate the irregularities in the selection process.
The unsuccessful candidates filed a petition in the Jharkhand High Court. While the petition was pending in the High Court, 42 candidates were appointed on the basis of the original selection list. At the same time, 43 people were also appointed on the basis of the revised list prepared on the basis of the recommendation of the committee headed by the Director General of Police of Jharkhand.
The High Court observed that 43 petitioners are not responsible for the irregularities in selection by the administration and there are no allegations of cheating etc. against them.
The Supreme Court rejected the plea of some people for intervention in the matter, stating that there was no right to appoint beyond the advertisement.
“There is no doubt that the appointment to a government job should be on merit,” said the Supreme Court judgment last week. Ignoring those persons who got more marks and appointing less qualified person would be a violation of Articles 14 and 16 of the Indian Constitution. ”
The court granted relief to 43 petitioners mainly on the basis that they have already been appointed and have been serving in the state for some time and cannot be punished in which they are not at fault.