Selection rules cannot be relaxed arbitrarily by courts as it would be unconstitutional and due publicity has to be given before any such relief, the Supreme Court has ruled.
A bench of justices Altamas Kabir and Surinder Singh Nijjar said any such relaxation sought to be made shall be done only after due publicity so as to afford an equal opportunity to other aspiring candidates to compete.
“However, the power of relaxation, if exercised has to be given due publicity. This would be necessary to ensure that those candidates who become eligible due to the relaxation, are afforded an equal opportunity to apply and compete”.“Relaxation of any condition in advertisement without due publication would be contrary to the mandate of equality contained in Articles 14 and 16 of the Constitution of India,” the apex court said in an order.
The apex court passed the order while quashing a Gauhati High Court judgement directing the Assam Public Service Commission to consider the candidature of Saifudaullah Khan, who claimed to be a physically challenged candidate in a Group 1 post for the year 2007, despite his failure to furnish the identity card, which was mandatory.
Under the Commission’s rules submission of identity card at the time of applying is a mandatory pre-requisite for every candidate claiming reservation in terms of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) , Act,1995.
The high court had directed the commission to relax the rules and consider his identity card after the selection process commenced, which was challenged in the Supreme Court by another candidate Bedanga Talukdar
The apex court said all appointments to public office have to be made in conformity with Article 14 (Equality before Law) of the Constitution.
“In other words, there must be no arbitrariness resulting from any undue favour being shown to any candidate. Therefore, the selection process has to be conducted strictly in accordance with the stipulated selection procedure”.
“Consequently, when a particular schedule is mentioned in an advertisement, the same has to be scrupulously maintained. There cannot be any relaxation in the terms and conditions of the advertisement unless such a power is specifically reserved,” the bench said.
The apex court said even if power of relaxation is provided in the rules, it must be mentioned in the advertisement.
It held that the High Court committed an “error” in directing that the condition with regard to the submission of the disability certificate could be relaxed in the case of Khan.
“Such a course would not be permissible as it would violate the mandate of Articles 14 and 16 (Equality of Opportunity) of the Constitution of India”.
“We have little hesitation in concluding that the conclusion recorded by the High Court is contrary to the facts and materials on the record,” the bench said.