Source: Supreme Court

Why in News?

A bench of Justice Manoj Misra and Justice Hrishikesh Roy heard a batch of appeals related to a decision of the Himachal Pradesh High Court which upheld the Government of Himachal Pradesh 's action of relaxing essential eligibility qualifications required for the post Junior Office Assistant (JOA).

• The Supreme Court gave this judgment in the case of Ankita Thakur & Ors v. The HP Staff Selection Commission.

What is the Background of Ankita Thakur & Ors v. The HP Staff Selection Commission Case?

• Himachal Pradesh, Department of Personnel, JOA, Common Recruitment and Promotion Rules, 2014, framed under the proviso to Article 309 of the Constitution of India, were notified with a view to have common recruitment and promotion rules for the post of JOA in various departments of the Government.
• There were several issues related to eligibility criteria on which another eligibility criteria were promulgated which divided status of two set of candidates.
• One set comprised of those whose candidature got rejected because they failed to meet the eligibility criteria prescribed in the advertisement and the 2014 Rules.
• The other set comprised of those candidates who were aggrieved by relaxation of the eligibility criteria as it expanded the zone of consideration and thereby reduced their chance of selection.
  • They, therefore, questioned the validity of the order of relaxation that came afterwards in 2017 and selection made thereunder.

What was the Court’s Observation?

• The SC observed that “Even if the State had power to relax the eligibility criteria, the same could not have been done mid-stream without giving wide publicity of such change, and opportunity to similarly situated candidates to apply and compete with others”.

What is Article 309 of the Constitution?

• Legal Provision:
  • Article 309 of the Constitution: Recruitment and conditions of service of persons serving the Union or a State Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State:
    • Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act.
• Meaning:
  • Article 309 of the Constitution addresses the appointment, conditions of service, and tenure of persons serving in the public services of the Union or the States.
  • Article 309, as part of the chapter on services under the Union and the States, reflects the framers' intent to establish a merit-based, efficient, and impartial civil service system.
• Key Elements:
  • Power of Regulation:
    • Article 309 grants the authority to the appropriate legislature (Parliament or State Legislature) to enact laws regulating the recruitment and conditions of service for public servants.
    • This includes the power to prescribe the mode of appointment, the tenure of office, and the disciplinary matters concerning government employees.
  • Existing Laws and Rules:
    • The article recognizes the validity of existing laws and rules regulating public services.
    • This means that laws or rules in force at the time of the commencement of the Constitution continue to be valid until altered, amended, or repealed by a competent legislature.
  • Rule-Making Authority:
    • The President or the Governor (depending on whether it's a Union or State matter) has the power to make rules consistent with the provisions of the Constitution to regulate the recruitment and conditions of service of persons appointed to public services.