Court Orders Fresh Selection Process Adhering to Merit and Equality Principles
In a significant judgment, the Madras High Court has annulled the recruitment process for the position of Personal Assistant to Hon'ble Judges, citing violations of service rules and arbitrary relaxations that compromised merit and equality principles. This decision was rendered in a suo-motu writ petition addressing concerns over the recruitment process initiated by a circular dated June 7, 2023.
The Division Bench, comprising Justices S.M. Subramaniam and N. Senthilkumar, identified multiple irregularities in the selection process. The court observed that the circular allowed candidates with lesser qualifications and provided arbitrary relaxations for skill tests and technical qualifications, which contravened Rule 14A of the Madras High Court Service Rules, 2015. Such relaxations were deemed to undermine the constitutional right to equality under Article 14.
The court highlighted that the recruitment process favored in-service candidates, thereby excluding potential candidates from the open pool, which violated the principle of equality. This approach, the court noted, negated transparency and fairness, essential elements of a merit-based recruitment process.
Furthermore, the court found that candidates who lacked the requisite Senior Grade qualifications in Shorthand and Typewriting were permitted to participate and were given post-appointment grace periods to acquire these qualifications. This approach was considered impermissible as it violated the object of merit-based recruitment.
Instances of candidates being selected despite scoring zero marks in skill tests further tainted the process with bias and irregularities. The court was particularly concerned about findings from a CCTV footage review, which suggested potential misconduct during the skill test evaluation.
The court asserted that the recruitment process must ensure a level playing field and adhere strictly to the rules governing merit-based recruitment. As a result, the selection and appointment of respondents to the post of Personal Assistant, as per the impugned circular and subsequent appointments, were set aside.
The court has mandated the High Court to conduct a fresh selection process, ensuring conformity with the established rules and merit criteria, to be completed as expeditiously as possible.
Bottom line:-
Recruitment process for the post of Personal Assistant to Hon'ble Judges in the High Court of Madras was set aside due to violation of service rules, arbitrary relaxations, and irregularities in selection criteria, ensuring merit and equality under Article 14 of the Constitution of India.
Statutory provision(s): Article 14 of the Constitution of India, Rule 14A of the Madras High Court Service Rules, 2015
