Dear Client,
Rule amending authority is vest with governor under article 309. Relaxation is illegal without Governor approval.
Rules of recruitment
The Rajiv Gandhi National Institute of Youth Development is an institute of national importance under the Ministry of Youth Affairs and Sports,Government of India. It framed a set of rules of recruitment (RR) in 2003. It advertised some positions in 2005 and 2006 respectively to recruit people as per the rules of recruitment. In 2009 it advertised for the same positions completely relaxing the eligibility criteria spelt out in the RR. The institute has done this without the permission of the Executive Council and Ministry. Is this permissible. If no please cite some apex court judgments.
Asked 5 years ago in Labour
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8 Answers
In case a candidate is found not possessing the qualifications for a position as prescribed in rules of recruitment of a particular organization, but possessing qualifications given in the advertisement, will s/he be losing her/his job ? Please cite Apex court judgments in this regard. In other words is changing the rules of recruitment in a central government organization without approval from higher body/council and relaxing conditions in the advertisements permissible ?
Asked 5 years ago
Will a candidate forfeit his job in case it is found that he does not possess qualifications as prescribed by the rules of recruitment of a particular institute (GOI) but possesses qualifications as advertised in the advertisement ( contravening the rules of recruitment).
Asked 5 years ago
The institute cannot relax rules of recruitment without approval of executive council and ministry
Candidate can lose his job if he does not possess qualifications as prescribed in rules of recruitment
2) candidate can file writ against said termination as he satisfied qualifications as per advertisement
Successful candidate can challenge his termination as he has satisfied qualifications laid down in advertisement
Hi,
The advertisement should be in accordance with RR. However, if a candidate is selected on the basis of advertisement, he will not loose the job even if that advertisement contravenes the rule of recruitment.
The institute has done this without the permission of the Executive Council and Ministry. Is this permissible. If no please cite some apex court judgments.
How did yo come to know that the institute has done this without permission of executive council?
Do you know the rule which particularly governs this situation?
Is it mandatory for the institute to obtain such permission for subsequent events or changes?
Also how are so certain that the institute has relaxed the conditions totally in respect of the existing recruitment policy ?
Until and unless you say what is the nature of dispute that you refer to by this query it not be feasible to locate the ruling of any court in this regard.
You may revert with the details.
The institute will advertise for the posts vacant to be filled by the eligible candidates by giving hint about the rules governing in brief, the elaborate details of the eligibility conditions shall be furnished in the application form, which will be the proper guidelines.
If the candidate is not eligible for the post for not fulfilling the requirements as required by the department concerned, he can refer to the conditions imposed in the application form and can agitate over the issues which have not been considered by the recruitment board despite he is eligible and possess requisite qualification.
Obtaining approval from the council or ministry is the internal issue of the department concerned, the candidate cannot question that authority.
Will a candidate forfeit his job in case it is found that he does not possess qualifications as prescribed by the rules of recruitment of a particular institute (GOI) but possesses qualifications as advertised in the advertisement ( contravening the rules of recruitment).
If a candidate is found not to possess the requisite qualification as the per the rules of recruitment then his candidature is liable to be rejected.
If you are aggrieved by this decision citing the advertisement making him eligible then he may approach court with a writ petition seeking the relief and remedy for this.