Recruitment and selection of employees ( Case Laws ) Supreme Court's decisions on Recruitment and selection - Factors to be considered for recruitment





Web Analytics Made Easy - StatCounter
If Recruitment is like a torch, employee selection is  a shadow of that torch. Many use recruitment and selection term interchanging. However both terms have different meaning and purpose, as employee selection is followed by recruitment process which starts from identification of vacancies, creating reservation for the vacancies / posts, prepare recruitment notification which includes following details   required details to filled up by applicants including minimum and cutoff age for the post he/she applied, job specifications mentioning required qualifications, job description, salary for each post, mode of selection process, tests and most importantly last date of submission of application, application fee, mode of submission of application and to whom it should be submitted.   

After receiving applications from applications after closing date of submission of application, selection process begins with issuing date of conducting selection tests. In between recruitment and selection process, employer has to decide which type of selection tests should be conducted to which post. This is the crucial step as different qualifications are required for different posts. After finishing the selection tests, identification of meritorious candidates begins which is followed by conducting interviews for selection final list of selected people to the post they applied for. 

To put in brief, there is no selection process without recruitment and there is recruitment without employee selection. Recruitment and selection is the only mode to replace aging staff and induce fresh blood into the organization, which is vital for overall organisational performance which would adversely effect If wrong person is placed in. Therefore recruitment enables the organization to find out available candidates for the job, whereas section process identifies and brings in suitable candidate subject to quality and standards followed in the selection tests.     


Recruitment of Employees

Recruitment refers to the process of finding possible candidates for a job or function, undertaken by recruiters. It may be undertaken by an employment agency or a member of staff at the business or organization looking for recruits. Advertising is commonly part of the recruiting process, and can occur through several means: through newspapers, using newspaper dedicated to job advertisement, through

professional publication, using advertisements placed in windows, through a job center, through campus interviews, etc.

Suitability for a job is typically assessed by looking for skills, e.g. communication skills, typing skills, computer skills. Evidence for skills required for a job may be provided in the form of qualifications (educational or professional), experience in a job requiring the relevant skills or the testimony of references. Employment agencies may also give computerized tests to assess an individual's "off-hand" knowledge of software packages or typing skills. At a more basic level written tests may be given to assess numeracy and literacy. A candidate may also be assessed on the basis of an interview. Sometimes candidates will be requested to provide a résumé (also known as a CV) or to complete an application form to provide this evidence.

RECRUITMENT PROCEDURE:

Before going to recruitment, careful study is needed about jobs which are to be kept under recruitment. Careful study is nothing but doing Job analysis which is otherwise called as collection of every information about the job so as to figure out exact candidate needed to perform said job.

HR manager needs careful attention and should be diligent while going for recruitment of human resource, since it grabs attention of prospective employees at large. However it is not so easy to find out skilled people. Hence various tests in selection process helps to identify potential candidate needed for an organisation. Coming to procedure for recruitment, it depends on nature and size of organisation. But concept of recruitment is one and same. Recruitment does in various modes which are basically categorised into two, out of that first one is internal recruitment and external recruitment, which are elaborately explained in detailed below. Whatever the mode of recruitment preferred by an organisation, it should be clear in what an organisation needs and easily understandable by prospective employees at large so as to avoid frivolous and unsolicited applications which will consume lot of time for an organisation to identify them. Hence organisation should be clear and thoroughly check before posting recruitment.

Principal, Mehar Chand Polytechnic Vs Anu Lamba, (2006) 7 SSC 161 : AIR 2006 SC 3074. The recruitment rules are to be framed with a view to give equal opportunity to all the citizens of India and title for being considered for recruitment in the vacant posts.


Factors that should be considered for recruitment
  1. The first step of recruitment is Identification of number of posts lying vacant.
  2. Rule of reservation: identification of posts which will fall under which category of reservation.
  3. Following rosters: roster points should be followed to come to conclusion that how many posts should be notified under which category of reservation.
  4. Deciding the qualifications necessary for every post or job which is going to be notified.
  5. Designing selection procedure for each category of job or post
  6. Fixing the remuneration or scale of pay.
  7. Deciding the promotional channel for each category of post.

Basic contents of Recruitment notification;
  1. It contains brief about an organisation which is recruiting.
  2. Contains number of posts/jobs  lying vacant in an organisation.
  3. Contains  number of jobs in reserved category. (especially in government organisation jobs are allotted to reserved category).
  4. Contains information about gender needed for the jobs. (For example: Male or female)
  5. Contains information about educational qualification needed to qualify for applying to job.
  6. Contains information about work experience needed. (points from 2 to 6 are nothing but called as Job specifications, it is a statement that describes about specifications needed by a candidate to have qualified for a applying said job)
  7. It contains most important information that is, Job description, which is the statement of information about duties and responsibilities of the job.
  8. Contains information about salary particulars, employee benefits and other allowances to be provided.
  9. Selection tests which must be passed by candidates so as to have job.
  10. Application fee for general and reserved category candidates.
  11. To whom application should be submitted and by which mode it has to be submitted.
  12. Last date of submission of application.
  13. Fee for late submission of application.
  14. Terms and conditions if any.


Candidate   who   clears   the   prescribed   qualification   after the   cut-off   date   cannot   be   considered   qualified to the post he/she applied. : Supreme Court of India




CIVIL APPEAL NOS. 235-236 OF 2019(Arising out of SLP(C)Nos.7843-7844 of 2014)
RAKESH BAKSHI & ANR. Vs STATE OF JAMMU AND KASHMIR & ORS

Facts of the case

In this present case, appellants had applied for the post of junior engineer, but they had cleared prescribed qualification after the cut-off date prescribed by the employer. However got selected and admitted through writ petition before the High Court. The said appointment was challenged for single bench and the Case court dismissed. But division bench set aside the order of single bench on the ground  that the result of the examination was declared only after the cut-off dateand they were not found eligible.Later writ petitions was filed in the Supreme Court challenging the division bench order, which was set aside. Thereafter another person filed a writ petition on the order of the Supreme Court.

Court held that


“We are not for a moment doubting the correctness of the reasoning of the Division Bench in this case, that eligibility of the candidates must be decided with reference to the qualification possessed as on the cut-off date and the qualification acquired later in point of time cannot make a candidate eligible.”

"However, having regard to the facts obtaining in this case, which we have set out and also the manner in which this Court has decided the matter culminating in  Ashok Kumar Sharma and Others Vs.Chander Shekhar and Another; 1997 (4) SCC 18,the interests of justice would require the interference with the judgment of the Division bench. We particularly note that as far as the writ petitioner is concerned more than the efflux of time, the fact is that he cannot possibly secure selection."



Recruiting Agency Can't Be Compelled To Fill Available Posts Even When Persons Of Desired Merit Are Not Available: Supreme Court of India




Supreme Court has re-iterated that the recruiting agency cannot be compelled to fill up all available posts even if the persons of the desired merit are not available.

The Supreme Court has allowed an appeal filed by Municipal Corporation of Delhi (MCD) and has held that it was at liberty to set minimum qualifying cut-off marks in exam for appointment of Assistant Teacher (Primary).

The factual matrix herein was that Delhi Subordinate Services Selection Board (DSSSB) had issued a notification for appointment of Assistant Teacher (Primary) in the schools of MCD. The said notification, by virtue of Clause 25, conferred discretion to DSSSB to fix the minimum qualifying marks for selection, in order to pick the best talent available. Further, Clause 26 provided that the marks obtained by a candidate in the written examination shall not be disclosed.

Subsequently, the Respondents herein did not qualify the exam and filed a writ petition before learned Single Judge of the Delhi High Court to quash Clauses 25 and 26 on grounds of arbitrariness. The writ petition filed by the Respondents was dismissed and was challenged by them before a division bench of the same court. The appeal succeeded and hence the Appellant herein pursued the present appeal.

The arguments made by Respondents in the original writ petition were that:

1) DSSSB was merely an agency to conduct the interviews/tests and prepare the panel. It was not empowered to lay down its own criteria for scrutinizing the eligible candidates by fixing minimum qualifying marks and was bound to follow the requisition given by MCD for undertaking selection process.

2) The action of DSSSB to refuse to give any details about the minimum marks which had been fixed by them unilaterally was arbitrary and discriminatory.

3) In view of the minimum marks cut-off criteria, the result of only 1638 out of the total 2348 advertised posts was declared. It was submitted that this process adopted by the DSSSB was contrary to the directions issued in the case of Kuldeep Singh and Ors. v. DSSSB & Anr., W.P.(C) Nos.5650-51/2004, wherein it was held that the number of posts that are vacant against every category, and all of them should normally be filled up from the eligible candidates according to their standing. In that light, a direction was sought to the DSSSB to consider the case of the Respondents against the remaining vacancies without fixing minimum qualifying marks for selection.

The Appellant herein had contended that:

1) The method of recruitment, laying down the eligibility criteria, etc. were matters relating to the executive policy decisions and in the absence of any statutory rules/laws, the executive decisions were sustainable. Further, when MCD had no objection to the method adopted by DSSSB, the objections raised by the Respondent would be unsustainable.

2) The allegations of discrimination were not sustainable in as much as the Respondents had not demonstrated as to how the criteria of fixing the cutoff
percentage was arbitrary when it was uniformly applied to all the candidates.

3) The decision in the case of Kuldeep Singh was sought to be distinguished andreliance was placed on State of Haryana v. Subhash Chandra Marwah & Ors., AIR 1973SC 2216, to contend that it was open to the Government to fix a score which was higher than the one required for eligibility for the post with a view to maintain the highstandard of competition.

The bench comprised by Justice R. Banumathi and Justice A. S. Bopanna found merit in the arguments raised by the Appellant. Addressing the first contention, it was held that DSSSB had been specially created by the executive for the purpose of selecting the appropriate candidates to fill up the vacancies in the User Department and it was bound to discharge its obligation by fixing the criteria for declaring successful candidates. "Any undue sympathy shown to the private respondents herein so as to direct their selection despite not possessing the desired merit would amount to
interference with the right of the employer to have suitable candidates”, the bench said.

On the second contention, the bench agreed with the decision taken by Single Judge of the high court that even if the criteria fixed was defective, the Courts were ordinarily not required to interfere as long as the same standard/yardstick had been applied to all the candidates and did not prejudice any particular candidate.

On the last contention, the court relied on Ashwani Kumar Singh v. U.P. Public Service Commission & Ors., (2003) 11 SCC 584, wherein it was held that it was not a rule of universal application that whenever vacancies exist, persons who were in the merit list per force had to be appointed.

It was further held that when the Respondents appeared for the examination they were fully aware of Clause 25 pertaining to minimum qualifying marks and despite that they participated in the process by appearing for the examination. Hence it washeld that any grievance raised now would not merit consideration.

"DSSSB and the appellant herein were concerned with the quality of teachers to be recruited and had fixed a merit bar to indicate that the persons obtaining the percentage of marks above such bar only would be selected, the employer cannot be forced to lower the bar and recruit teachers who do not possesses the knowledge to the desired extent merely because certain posts had remained vacant which in any event would be carried over to the next recruitment", the bench said.
https://www.livelaw.in/top-stories/recruiting-agency-cant-be-forced-to-fill-up-vacancy-by-lowering-bar-146896


Court Can Intervene If Competent Authority fails to take into account all relevant factors and Arbitrary Decisions On Recruitment of Govt posts: Delhi HC


SYED MEHEDI Vs GOVT OF NCT OF DELHI & ORS.
W.P.(C) 1200/2016


Facts of the Case

In this case, petitioner (Male) had applied for the post of Special Education Teachers (purpose to help, assist, train and guide those unfortunate children who are differently abled, to meet the challenges of the life.) in all schools managed by the state government and the local bodies.

Prescribed age limit for the post was 30 years, however, later public notice which issued stating 10 years of age relaxation was permitted to female candidates by the The  Delhi Subordinate Services Selection Board (recruiter).

There was delay in the said recruitment by the recruiter, by which time the petitioner attained age of 36 years, however he was permitted by the tribunal to participate in the selection process, but his selection result was kept in hold in spite of the fact that a number of posts of SET in the country were lying vacant despite the availability of qualified, but overage, candidates. Later writ petition was filed by the petitioner before this court, praying for age relaxation.

Court held that

"the fact that the appointments to the post of SET had been initiated after an inordinate delay, allowed the petition vide its order dated 10.07.2014, and directed the respondents to consider the petitioner‟s request for age relaxation by taking into consideration the fact that due to the delay in the initiation of the recruitment process, many eligible candidates might have become ineligible, as also the fact that a blanket relaxation of 10 years had been extended to female candidates for the same post.

Further court relied upon the Sangita Srivastava v. University of Allahabad & Ors. [2002 3 AWC 2088 All] wherein it was held that "Ordinarily suitability is to be judged by the executive Council and not by this Court. But what are we to do when the Executive Council acts in a patently unfair manner, as it has done in this case? This Court is a Court of Justice. No doubt it has to do justice based on law, but the Court will interpret law in a way that leads to justice and not injustice".

"but keeping in view the constitutional and statutory obligation of the respondents and corresponding rights of the differently – abled children".

We are of the view that in a case like this, where there is a dearth of suitably qualified candidates for SET, it is qualification and merit which should be given due precedence. Relaxation of age ought to have been granted for appointment to the post of SET to all, who were otherwise eligible.

"We allow this petition in the aforesaid terms and direct the respondents to ensure compliance qua the petitioner within the next four weeks, by granting him relaxation with regard to his age and considering his appointment to the post of SET on the basis of his merit position in the selection process already concluded. He will, however, be entitled to all benefits resulting from the said appointment, only from the date of his actual appointment to the said post"



6 Recruitment Strategies You Haven’t Yet Tried

When it comes to developing strong recruitment strategies, HR teams are constantly struggling. There isn’t one foolproof method and it can become an expensive and laborious process.

To ease the pain of recruiters everywhere, we outline 6 recruitment strategies you may not have tried but which can make the process easier and more effective than what you had before.


1. Attractive Job Posts
Job postings rarely diverge from one standard look—a brief introduction about the company, bullet points about the actual job, and more bullet points about the perks of the role.
While most prospective talent is accustomed to this format, if you want your job posts to stand out among the crowd, you need to change things up a bit.
For one, consider adding visuals to your posts—particularly if you are hosting the post on your own website.
You can use timeline templates to share the history of your company or to organize the tasks of a role.
If you can create a video about the job role—read up about video interviewing here—that could make the process more personal and add an element of interactivity.
Visuals make posts more attractive and memorable—if you have the ability to add visual elements to your job posts, your recruitment drive will be more successful.


2. Employer Branding
If you’re wondering what branding has to do with recruitment, you are in for a surprise—how brands present themselves to potential candidates plays a huge role in recruitment.
When we talk about branding, many companies believe that branding equates to the physical aspects of the business—the logo, brand colors, fonts, and a professional email signature.
But branding is much more than that—it is the ethos of the brand, what they do beyond selling a product or service, and how they serve their community.
These are the aspects of your brand that you need to highlight in messaging, advertising, and press releases—because that is what candidates are going to see and be impressed by.
Highlighting your brand’s ethos is an important part of passive recruitment—you don’t want to start looking for employees when you have a vacancy, after all.
With the help of your branding, potential employees will come to you because they will be drawn to your policies—they want to work with a company whose values align with theirs.

Strong branding should be looked at as not just a beneficial part of your marketing strategy, but as a recruitment strategy that will get you top candidates.


3. Highlighting Company Culture
Attracting the right talent doesn’t come from highlighting what your company is doing for external resources—how are you treating your employees?
Remember, potential employees will be working within your company—they need to know that they will be appreciated and taken care of. Otherwise, why should they work for you?
Highlighting your company’s culture in recruitment posts and job ads need to be a priority—but you also need to showcase your internal dynamics in non-job posts.
Do you have office lunches or gatherings for celebrations? Post images or videos on social media. Perhaps your company has a weekly trivia night or dance party. Share those pictures.
What about other benefits like work-from-home days or office getaways? These need to be mentioned on job posts.
But don’t forget to mention the important stuff—competitive salaries, pension plans, insurance, opportunities for growth, vacation days, sick days, and flexibility in working hours.
Let prospective employees know the benefits of working at your company—that is how you can attract them.


4. Referral Policy
Who knows your company best? Is it the people who follow you on social media, or the people already employed at your organization?
Obviously, it’s the latter, so why not use their assistance when looking for new talent and innovators for your company?
Instead of spending time and money on a recruitment drive for people who aren’t in any way affiliated to your organization, looking from within will save on costs and improve efficiency.
Since your employees already know what working in your company entails, they can look at their core group of friends and family to see who would be a good fit.
And if they do encourage someone to join the company, it is a sure sign that you are doing something right—employees actively want more people to join them at the workplace.
The best way to set up such a system is to begin a referral program—encourage employees to refer people from their circle to the company for roles, and give them a gift or bonus in return.
The referral program will massively cut down on time spent advertising and searching for new talent—you’re getting someone whose background check is almost taken care of.
And because they are associated with someone who is already a good fit for the company, they will likely fit in with the rest of the crowd, thus improving your internal dynamics.


5. Passive Recruitment
We’ve mentioned before that beginning a recruitment drive just when you have a vacancy isn’t a good idea—you need to be reaching out to passive candidates well before then.
LinkedIn is a good place to start—message people who may be a good fit for the role and company and ask them when they would like to set up a call.
Don’t bombard them with information at the first instance—you don’t know whether they’re interested so too much information may make it look like you’re badgering them.
When you contact the passive talent, ensure you mention something specific from their profile—this will let them know how interested you are in them.
Avoid harping on about the salary associated with the position—while money is important, you aren’t buying the prospect, you’re coaxing them to join you.
This is where you should talk more about your company’s benefits and culture—talk about diversity and inclusivity, and what you do for the community.
Outline the onboarding process to them during subsequent calls to show how transparent your systems are.
Let the potential candidate know how important employees are to the organization—that they come first because they are the chief ambassadors and customers of the business.
All these methods will make a passive recruitment strategy more successful.


6. Automate Recruitment
As much as recruitment needs a human touch, some processes need to be automated. A number of companies are using applicant tracking systems with some success.
Artificial intelligence is also being used to source potential candidates, set up interviews, and to collect and sort through data on applicants.
There are several tools available to make the recruitment process more attractive, as well as efficient.
You can employ a free career quiz in the job application system to encourage people to apply for your jobs as opposed to other careers.
But when using automated systems, it is important to ensure that they are programmed without bias—the team in charge of programming these systems should be diverse.
This is the best way to ensure that you reach the largest and best pool of applicants available to you.


Conclusion
Recruitment strategies are in flux, and with reason—the world and the way people apply for jobs are changing. Companies need to adapt accordingly.
To ensure you reach the candidates which would best serve your business, we have outlined 6 key strategies that will work, but don’t need too much effort or money.
By using the above methods to find candidates, companies will be able to reach the people they deserve.

Ronita Mohan is a content marketer at Venngage, an online infographic maker and design platform. Ronita writes about the digital world, content marketing, productivity, pop culture, and diversity.
Twitter: @Venngage


How to Improve Your Recruitment Strategies Using Big Data


Recruitment has always been one of the most complex of all departments within a business. There’s such a huge uncertainty when it comes to defining the best approach and making sure you find the right people for the roles in your business. However, while complicated with no hard and fast rules, the rise in the use of big data is changing the game.

Today, we’re going to look into how businesses around the world, including your business, can use big data to start improving and optimising your recruitment process for the best results. Let’s go.

What is Big Data?

First, we should define what big data is – everyone is talking about it these days, but no-one can really say what it is. Technically speaking, big data refers to large, complex sets of structured and unstructured data, that are difficult to deal with or sort quickly.

In marketing, understanding big data is very useful for preventing fraud, gaining customer insights and optimising pricing, among other uses.

Finding the Right People

Of course, the recruitment drive of any business is all about finding the right people for the job, but this is a risk, no matter how experienced your business is, and can use a lot of resources, especially time and money, to get right.

Fortunately, big data is changing the game. No matter who you’re looking for or what type of person you want, you can use big data no narrow down candidates in plenty of different ways, whether that’s age, level of education, or geographical location.

You can do this by searching for people online and using big data to organise people, or by collecting and organising accepted resumes and application and using big data to organise them all. This can save your business an infinite number of hours when it comes to sorting applications and finding the right people.

Defining the Best Recruitment Channels

Your current recruitment strategy probably, or at least should, include using social media to find or research potential candidates. You may also advertise your job roles using targeted social media marketing and use standard searches to locate new people in new locations.

However, have you ever taken the time to research which platforms or employment channels are actually the best for your business? Using big data, you’ll be able to find the most suitable candidates by narrowing down skills, age, education level, and location, and then finding which platforms they’re using the most, allowing you to spend more resources in this area to ultimately achieve better results.

“This approach also includes being able to reach your candidates in ways that will appeal to them and will ultimately attract the top talent. For example, some candidates and roles may require text-heavy documentation for them to feel interested in the role, whereas others may require a more visual approach. Big data will help you define, which is the best way forward” explains Mariah Parrish, an HR manager at Dissertation Service and Paper Fellows.


Optimising Your External Image and Perceptions

While candidates applying for roles in your business will try their hardest to look the best they can for your business to want to consider them, we live in an age where businesses need to do the same.

Especially common among the younger workforce, if your business doesn’t look attractive to a potential employee, or your business doesn’t hold the same morals or values that they have, they’re going to go elsewhere.

Using big data, you can use the information to see what the top talent you want are looking for in a business they want to work for, and you can adjust your business to match. You can also tell if your current image will work in attracting the right kind of talent, and ultimately, you’ll be able to optimise your business’s image to be whatever you want.

Improved Training Programs and Employee Development

Technology is changing the world at an ever-expanding rate, as are the expectations of businesses and customers alike, which leads us to our final point of the defining the skills, education and talents your desired employees will have.

“Using analytics and big data information, you’ll be able to see what kind of company you are, and what kind of skills will resonate the best within certain roles. For example, it’s said that soft skills are essential for success when it comes to AI-driven companies,” shares Andy Turner, an analytics expert at AustralianHelp and OXEssays.

“Using this information, you’ll be able to sort through applicants based on their soft skill investment, as well as organising training programs to help amplify and better these skills for the best chances of success in the role.”

Summary

As you can see, big data is making a huge impact in the ways that businesses are approaching employment and recruitment, and if your business isn’t currently using this technology to your advantage, you’re going to get left behind. It’s an opportunity like no other.

Beatrice Potter is a professional writer at Assignment Service and Write My Paper. She writes about recruitment strategies. Also, Beatrice is a content manager at Essayroo Review.


Employee Selection


Selection is the process used to identify and hire individuals or groups of individuals to fill vacancies within an organization. Often based on an initial job analysis, the ultimate goal of personnel selection is to ensure an adequate return on investment--in other words, to make sure the productivity of the new hire warrants the costs spent on recruiting and training that hire.

Several screening methods exist that may be used in personnel selection. Examples include the use of minimum or desired qualifications, resume/application review, oral interviews, work performance measures (e.g., writing samples), and traditional tests (e.g., of job knowledge).


The field of personnel selection has a long history and is associated with several fields of research and application, including human resources and industrial psychology.



The employer have a right to consider antecedents (criminal record) of the candidate and could not be compelled to appoint such candidate: The Supreme Court of India


[Read Judgement]


CIVIL APPEAL NO. 11356 OF 2018
(Arising out of SLP(C) No.17404 of 2016)

State of Madhya Pradesh and others Vs Abhijit Singh Pawar



Facts of the case

The respondent (Abhijit Singh Pawar) participated in the selection process and as mandated,tendered an affidavit on 22.12.2012 disclosing pending criminal case against him.

within   four   days i.e. on 26.12.2012 submitting the said affidavit, compromise   was   entered   into   between   the   original complainant and the respondent and an application for compounding the offences was filed under Section 320 Code of Criminal Procedure and was allowed by the lower court.

The respondent was selected in the written examination. After   due   consideration   of   character verification report, the respondent was however rejected by the Additional Director General of Police   (Selection/Recruitment),Bhopal.

The respondent, filed Writ Petition No.9412 of 2013 before the High Court of Madhya Pradesh at Indore challenging the aforesaid order dated 19.07.2013.    

A Single Judge and division bench of the High Court allowed said writ petition. This was challenged in the Supreme Court by the The State.


Court held that

In the present case, as on the date when the respondent had applied, a criminal case was pending against him.  Compromise was entered into only after an affidavit disclosing such pendency was filed.

The court referring to the Avtar Singh  v.Union   of   India   and   others (2016) 8 SCC 471, held that though this Court was principally concerned with the question as to non-disclosure or wrong disclosure of information, it was observed in paragraph 30.5 that even in cases where a truthful disclosure about a concluded case was made, the employer would still have a right to  consider antecedents of the candidate and could not be compelled to appoint such candidate.

The court further referred to  Commissioner of Police, New Delhi and another v. Mehar Singh (2013) 7 SCC 685, held that Even   after   the disclosure is made by a candidate, the employer would be well within his rights to consider the antecedents and the suitability of the candidate.  While so considering, the employer can certainly take into account the job profile for which the selection is undertaken, the severity of the charges levelled against the   candidate   and   whether   the   acquittal   in   question   was   an   honourable acquittal or was merely on the ground of benefit of doubt or as a result of composition.

that there is nothing on record to suggest that the decision taken by the concerned authorities in rejecting the candidature of the respondent was in any way actuated by mala fides or suffered on any other count.  The decision on the question of suitability of the respondent, in our considered view, was absolutely correct and did not call for any interference.



Case Laws on Recruitment and Selection of Employees


Laxmibai Kshetriya v. Chand Behari Kapoor and Ors.(1998) 7 SCC 469
East Coast Railway and another v. Mahadev Appa Rao & others (2010) 7 SCC 678
State of Bihar and Ors. v. Md. Kalimuddin and Ors.(1996) 2 SCC 7
Punjab State Electricity Board and Ors. v. Malkiat Singh (2005) 9 SCC 22


Ordinarily, notification of posts is merely an invitation to the qualified candidates to apply for recruitment and, on their selection, they do not acquire any right to the post. Unless the relevant recruitment rules so provide, the State is under no legal duty to fill up all or any of the vacancies. Notification of vacancies for appointment, and a candidate being found fit for selection, does not mean that the successful candidate can claim to be appointed as of right.


Aryavrat Gramin Bank v. Vijay Shankar Shukla (2007) 12 SCC 413

Ordinarily a Superior Court, in the exercise of its powers of judicial review, would not interfere with the decision of the employer in making appointment, unless its action or inaction is found to be so arbitrary as to offend Article 14 of the Constitution of India.


UT of Chandigarh v. Dilbagh Singh AIR 1993 SC 16

While a candidate, who finds a place in the select list, may have no vested right to be appointed to any post, in the absence of any specific rules entitling him thereto, he may still be aggrieved by his non-appointment if the authority concerned acts arbitrarily or in a mala fide manner.


All India SC & ST Employees’ Association and Anr. v. A. Arthur Jeen and Ors (2001) 2 SCR 1183

If all the vacancies or any of them are filled up, the State is bound to respect the comparative merit of the candidates, as reflected in the recruitment process, in making appointment to these posts.


(Union of India (UOI) and Ors. v. Kali Dass Batish and Ors.(2006) 1 SCC 779

If a candidate has no right to claim appointment merely because he was selected, there is no occasion to maintain a writ petition for enforcement of a non-existing right  unless the decision, not to fill up the unfilled post, is found to be in violation of Article 14 of the Constitution.


Food Corporation of India and Ors. v. Bhanu Lodh and Ors AIR 2005 SC 2775
East Coast Railway and another v. Mahadev Appa Rao & others (2010) 7 SCC 678
All India SC & ST Employees’ Association and Anr. v. A. Arthur Jeen and Ors (2001) 2 SCR 1183

The decision not to fill up the vacancies should be based on sound and rational considerations, and conscious application of mind. It must pass the test of reasonableness under Article 14 of the Constitution.  No interference is called for, in judicial review proceedings, unless the decision, not to fill up the post, is infected with the vice of arbitrariness.

East Coast Railway and another v. Mahadev Appa Rao & others (2010) 7 SCC 678

The State does not enjoy an unqualified prerogative to  arbitrarily refuse appointment. The validity of the State’s decision not to make an appointment is a matter which is not beyond judicial review. As the State does not have the license of acting in an arbitrary manner, the least which candidates, who were otherwise eligible for appointment and who have appeared in the examination that constitutes a step-in-aid of a possible appointment in their favour, are entitled to is to ensure that the selection process is not allowed to be scuttled for malafide reasons or in an arbitrary manner.

Reference: WRIT PETITION (S/B) No. 423 of 2019 Professor G.S. Tomar Vs. State of Uttarakhand and others