CAT | UPSC can’t be steamrolled into recognizing administrative or executive orders with respect to recruitment; Recruitment Rules upheld

Central Administrative Tribunal, Delhi: A Division Bench of Justice L. Narasimha Reddy, Chairman, and Mohd. Jamshed, Member (A), dismissed the application for lack of merit.

The facts of the case, in precis, are that the applicant filed MA. No. 1250/2020 prosecuting the National Capital Territory (NCT) of Delhi and the same has been ordered under the present application, OA. No. 975/2020. The applicant was employed with the Forensic Science Laboratory, Delhi, on a contractual basis during which the UPSC issued an Advertisement for selection of candidates to various posts on regular basis.

The applicant having crossed the requisite age limit took the aid of the memo of the Government of NCT of Delhi, wherein the age limit for direct recruitment was relaxed up to 5 years as a one time measure for candidates working on a contractual basis. Since the aforementioned advertisement did not provide for any such relaxation, the applicant claimed the same from UPSC basis the memo by the Delhi Subordinate Services Selection Board (DSSSB).

The tribunal heard the arguments advanced by Setu Niket, counsel for the applicant and R.V. Sinha, counsel for the respondent observing that the memo would have been effective only if the posts weren’t governed by Recruitment Rules since the rules have been framed specifically for the posts in question.

The relaxation under recruitment rules is available only to the employees of the Central Government and UTs. It was also noted that the recruitment rules are felicitous hence the UPSC would abide by them alone. Resultantly, the bench was of the opinion that the memo isn’t a legitimate ground for them to compel the UPSC into recognizing the administrative or executive orders.

Therefore, the application being devoid of any merit was dismissed by the bench.[Syed Ahmar Ali Hasmi v. Union Public Service Commission, 2020 SCC OnLine CAT 304, decided on 07-08-2020]

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