{"id":358575,"date":"2025-09-01T14:00:28","date_gmt":"2025-09-01T08:30:28","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=358575"},"modified":"2025-09-03T16:10:22","modified_gmt":"2025-09-03T10:40:22","slug":"state-cannot-interfere-in-recruitment-process-governed-by-statutes-sc","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/09\/01\/state-cannot-interfere-in-recruitment-process-governed-by-statutes-sc\/","title":{"rendered":"State Govt cannot whimsically interfere in recruitment processes governed\/driven by Statutes and Rules via Executive Orders: Supreme Court"},"content":{"rendered":"
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Supreme Court:<\/span> While considering the appeals revolving around cancellation of the ongoing recruitment processes by the State on the pretext of a policy decision, the Division Bench of J.K. Maheshwari*<\/span> and Rajesh Bindal, JJ., held that when recruitment processes are held under strength of the relevant Statutes and Rules framed under such Statutes, then it cannot be left at the whims and fancies of the State to interfere in it through executive orders, without adhering to the principles of consistency and predictability, which are warranted by the rule of law and are pillars of non-arbitrariness.<\/p>\n

Background:<\/h3>\n

One of the appeals before the Court dealt with the midway cancellation of the ongoing recruitment process of ‘Enrolled Followers’ in Tripura State Rifles Battalions. The recruitment of Enrolled Followers is governed by the Tripura State Rifles Act, 1983<\/a> (TSR Act) read with the Tripura State Rifles (Recruitment) Rules, 1984 (TSR Rules).<\/p>\n

As per Rule 8 of TSR Rules the recruitment process for total 506 vacancies of Enrolled Followers in the Tripura State Rifles was bifurcated in two categories — “inside-state quota<\/span>” – [372 posts] and “outside state quota<\/span>” [134 posts], specifying the number of posts for respective categories, which is the subject matter in this case.<\/p>\n

Subsequently, recruitment rallies were held from 23-10-2016 to 15-11-2016. The proceedings of recruitment were submitted to the Police Head Quarters, Tripura (PHQ) on 20-12-2016 by the Recruitment Board. PHQ on 21-12-2016 forwarded the same to the Home Department for its necessary approval for starting the process of character verification. The same was approved by the Home Department for further course of action. On 09-06-2017, a communication was sent by the PHQ to the Commandant, 2nd<\/span> Battalion, Tripura State Rifles to complete necessary steps towards issuing appointment offers. The Commandant, requested for more time to complete the verification process of the prospective selectees in both quotas for which 3 months’ time was granted by the DGP on 26.07.2017 with request to complete such process early.<\/p>\n

During the ongoing recruitment process, the State of Tripura was occupied with the elections of Legislative Assembly. After the elections, new government was formed on 03-03-2018. On 14-03-2018, a memorandum no. F.20(1)-GA(P&T)\/18 (“Abeyance Memorandum”)<\/span> was issued stating that for the purpose of reviewing the recruitment process, all the ongoing recruitment by all the departments\/autonomous bodies under Government shall be kept in abeyance until further orders. Consequently, the recruitment process in the present case came to a halt<\/span>.<\/p>\n

On 05-06-2018, the State Government vide notification no. F-20(1)-GA(P&T)\/18<\/span>, issued a new recruitment policy (“NRP”) applicable to all the establishments under administrative control of the State Government. The new State Government decided to make all new appointments under NRP, and all the existing recruitment processes initiated by the respective departments were directed to be cancelled (“Cancellation Memorandum”)<\/span>.<\/p>\n

Aggrieved by such cancellation, multiple writ petitions were filed before Tripura High Court challenging Abeyance and Cancellation Memorandums and seeking direction for completion of the ongoing recruitment process. However, the High Court dismissed all the writ petitions and noted that neither the NRP nor the Cancellation Memorandum has overriding effect over the statutory rules nor the government had any intention to do so, because to bring any change, rules have to be reframed to bring them in sync with the policy decision. It was also observed that mere completion of process of selection to the post of Enrolled Followers does not confer any indefeasible right of appointment on the appellants.<\/p>\n

Issues Framed:<\/h3>\n