Case Note & Summary
The State of Uttar Pradesh appealed against the Division Bench of the Allahabad High Court's order directing consideration of candidates beyond the select list forwarded by the Uttar Pradesh Subordinate Services Selection Commission for the post of Gram Panchayat Adhikari. The selection was conducted under the Uttar Pradesh Direct Recruitment to Group 'C' Posts (Mode and Procedure) Rules, 2015, which contain a non-obstante clause overriding all other service rules. The 2015 Rules do not provide for a waiting list, unlike the earlier Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978, which allowed a list enlarged by 25% of vacancies. The High Court had interpreted Rule 15(4) of the 1978 Rules to permit consideration of candidates in the waiting list for vacancies arising from non-joining of selected candidates. The Supreme Court held that the 2015 Rules, being later and containing an overriding clause, prevail over the 1978 Rules. The Court noted that the 1978 Rules were amended in 2016 only by way of abundant caution and did not affect the recruitment process already conducted under the 2015 Rules. The Court also observed that the respondents had participated in the selection process without protest and were estopped from claiming a right under the 1978 Rules. The Government Order of 1999 further dispensed with waiting lists except for single posts. The Supreme Court allowed the appeals, set aside the Division Bench's order, and upheld the Single Judge's dismissal of the writ petition.
Headnote
A) Service Law - Recruitment - Waiting List - Overriding Effect of General Rules - Uttar Pradesh Direct Recruitment to Group 'C' Posts (Mode and Procedure) Rules, 2015, Rule 8(2) and Rule 2 - The 2015 Rules, containing a non-obstante clause, override the special service rules of 1978, which provided for a waiting list under Rule 15(4). The 2015 Rules do not provide for any waiting list; the only list to be forwarded is the select list based on merit. Held that the High Court erred in directing consideration of candidates beyond the select list (Paras 20-30).
B) Service Law - Recruitment - Waiting List - Government Order dated 15.11.1999 - The Government Order dispensed with the concept of waiting list except for single posts. Held that the waiting list cannot be a perennial source of recruitment (Para 10).
C) Service Law - Recruitment - Estoppel - Candidates who participated in the selection process without protest are estopped from challenging the process later. Held that the respondents, having taken part in the selection under the 2015 Rules, cannot claim a right under the 1978 Rules (Para 5).
Issue of Consideration
Whether the Uttar Pradesh Direct Recruitment to Group 'C' Posts (Mode and Procedure) Rules, 2015, which do not provide for a waiting list, override the Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978, which provide for a waiting list under Rule 15(4), and whether candidates not in the select list forwarded by the Commission are entitled to appointment against vacancies arising from non-joining of selected candidates.
Final Decision
The Supreme Court allowed the appeals, set aside the Division Bench's order, and upheld the Single Judge's dismissal of the writ petition. The impleadment applications were also dismissed.
Law Points
- Non-obstante clause
- General law vs special law
- Waiting list
- Recruitment rules
- Overriding effect
- Estoppel by participation
Case Details
2022 LawText (SC) (12) 11
Civil Appeal Nos. 8822-8823 of 2022 (Arising out of SLP (C) Nos. 10386-10387 of 2020)
Ms. Ruchira Goel (for Appellant), Mr. V.K. Shukla (for Respondent Nos. 1-3), Mr. M.R. Shamshad (for Respondent No. 4)
The State of Uttar Pradesh
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Nature of Litigation
Civil appeal against the Division Bench of the Allahabad High Court's order allowing writ petition and setting aside Single Judge's dismissal, directing consideration of candidates beyond the select list for Gram Panchayat Adhikari posts.
Remedy Sought
The State of Uttar Pradesh sought to set aside the Division Bench's order and uphold the Single Judge's dismissal of the writ petition.
Filing Reason
The High Court directed consideration of candidates not in the select list forwarded by the Commission, relying on Rule 15(4) of the 1978 Rules, which the State contended was overridden by the 2015 Rules.
Previous Decisions
The learned Single Judge dismissed the writ petition; the Division Bench allowed it; the review application was dismissed.
Issues
Whether the 2015 Rules override the 1978 Rules in respect of recruitment to the post of Gram Panchayat Adhikari.
Whether candidates not in the select list are entitled to appointment against vacancies arising from non-joining of selected candidates.
Submissions/Arguments
Appellant: The 2015 Rules contain a non-obstante clause and override the 1978 Rules; no waiting list is provided; the respondents participated without protest and are estopped.
Respondents: The 1978 Rules are special rules governing the post; Rule 15(4) provides for a waiting list; the 2015 Rules cannot override a special law; there is a vested right to be considered against unfilled vacancies.
Ratio Decidendi
The Uttar Pradesh Direct Recruitment to Group 'C' Posts (Mode and Procedure) Rules, 2015, containing a non-obstante clause, override the earlier special service rules of 1978. The 2015 Rules do not provide for a waiting list; the only list to be forwarded is the select list based on merit. Candidates who participated in the selection process without protest cannot claim a right under the overridden rules.
Judgment Excerpts
The 2015 Rules are brought into the statute with effect from 11.05.2015. Rule (1) speaks of the application to Group ‘C’ posts, while Rule (2) highlights the fact that it will have an overriding effect, notwithstanding anything to the contrary contained in any other service rules made under the proviso to Article 309 of the Constitution of India.
Under Rule 8(2), it is made clear that all Group ‘C’ posts would come under its purview, except those specifically excluded by the Government by way of a notification, and laid down the procedure of direct recruitment by way of a written examination followed by an interview. Thereafter, the Commission shall prepare a list of candidates on the basis of merit and forward it to the appointing authority. Thus, these rules do not provide for any waiting list.
Procedural History
The private respondents filed a writ petition before the Allahabad High Court challenging the selection process. The learned Single Judge dismissed the writ petition. The Division Bench allowed the appeal, directing consideration of candidates beyond the select list. The State filed a review application, which was dismissed. The State then appealed to the Supreme Court. Candidates who had not been part of the original writ petition filed impleadment applications seeking extended benefit.
Acts & Sections
- Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978: Rule 15(1), Rule 15(4)
- Uttar Pradesh Direct Recruitment to Group 'C' Posts (Mode and Procedure) Rules, 2015: Rule 1, Rule 2, Rule 8(2)
- Uttar Pradesh Subordinate Services Selection Commission Act, 2014: Section 15
