Employee Selection - Purpose of selection process
The first and foremost step before going for employee selection is identification of vacancy position and how many posts are vacant in what category should be ascertained before issuing notification for jobs.
Employee Selection is the process of interviewing and evaluating the candidates for a specific job and selecting an individual for employment based on certain criteria (qualifications, skills and Experience). Employee selection can range from a very simple process to a very complicated process depending on the firm hiring and the position. Certain employment laws such as anti-discrimination laws must be obeyed during employee selection.
Employee Selection is the process of putting right men on right job. It is a procedure of matching organizational requirements with the skills and qualifications of people.
Employee Selection is the process of choosing individuals who have relevant qualifications to fill jobs in an organization. Without qualified employees, an organization is in a poorer position to succeed.
Selection is much more than just choosing the best available person. Selecting the appropriate set of knowledge, skills, and abilities (KSAs)—which come packaged in a human being—is an attempt to get a “fit” between what the applicant can and wants to do, and what the organization needs. The task is made more difficult because it is not always possible to tell exactly what the applicant really can and wants to do. Fit between the applicant and the organization affects both the employer’s willingness to make a job offer and an applicant’s willingness to accept a job. Fitting a person to the right job is called placement. Good selection and placement decisions are an important part of successful HR management.
Some would argue that these decisions are the most important part. Productivity improvement for an employer may come from changes in incentive pay plans, improved training, or better job design; but unless the employer has the necessary people with the appropriate KSAs in place, those changes may not have much impact. The very best training will not enable someone with little aptitude for a certain job to do that job well and enjoy it.
The HR Recruiter screens and interviews potential employees on behalf of the organization. They conduct pre-employment tests and reference checks as well as provide training and guidance to hiring managers on policies, process, and regulatory issues. Additionally, they may place employment advertisements and analyze reports and trends.
Recruitment & Selection
Purpose of selection process
The purpose of selection process is to pick up the most suitable candidate who would meet the requirements of the job in an organisation best, to find out which job applicant will be successful, if hired. To meet this goal, the company obtains and assesses information about the applicants in terms of age, qualifications, skills, experience, etc. the needs of the job are matched with the profile of candidates. The most suitable person is then picked up after eliminating the unsuitable applicants through successive stages of selection process. How well an employee is matched to a job is very important because it is directly affects the amount and quality of employee’s work and overall performance and productivity of the organization.
Any mismatch in this regard can cost an organisation a great deal of money, time and trouble, especially, in terms of training and operating costs. In course of time, the employee may find the job distasteful and leave in frustration. He may even circulate ‘hot news’ and juicy bits of negative information about the company, causing incalculable harm to the company in the long run. Effective election, therefore, demands constant monitoring of the ‘fit’ between people the job.
The HR Employment Manager directs the organization's recruitment, screening, interviewing, selection, and placement activities. They manage employment functions and staff members. In addition, they extend job offers and establish starting salaries, arrange advertising or employment agency services, and produce affirmative action or college recruiting programs.
Most hiring managers believe passionate employees are high achievers. Assessing a potential candidate's passion is more of an art than a science. Some feel those that pursue a job opening with vigor are passionate. Some think speed-talkers or speed-thinkers are passionate. Others gauge passion by looking at high school or college activities such as sports, band, and debate team participation.
The Myers-Briggs Type Indicator (MBTI) assessment is a psychometric questionnaire designed to measure psychological preferences in how people perceive the world and make decisions. The Myers-Briggs personality assessment has been identifying introverts, extroverts and other personality types since 1943. Based on the theories of psychologist Carl Jung, the Myers-Briggs questionnaire has been gauging personalities through attitude, style and cultural changes occurring during the past 60 years. Many consider it an essential tool for hiring and career development. The indicator is frequently used in the areas of pedagogy, career counseling, team building, group dynamics, professional development, marketing, family business, leadership training, executive coaching, life coaching, personal development, marriage counseling, and workers' compensation claims.
Employee selection process at few companies
Siemens India: It uses extensive psychometric instruments to evaluate short-listed candidates. The company uses occupational personality questionnaire to understand the candidate’s personal attributes and occupational testing to measure competencies.
LG Electronics India: LG Electronics uses 3 psychometric tests to measure a person’s ability as a team player, to check personality types and to find a person’s responsiveness and assertiveness.
Arthur Anderson: while evaluating candidates, the company conducts critical behaviour interviewing which evaluates the suitability of the candidate for the position, largely based on his past experience and credentials
PepsiCo India: The Company uses India as a global recruitment resource. To select professionals for global careers with it, the company uses a competency- based interviewing technique that looks at the candidate’s abilities in terms of strategizing, lateral thinking, problem solving, managing the environment. This apart, Pepsi insists that to succeed in a global posting, these individuals possess strong functional knowledge and come from a cosmopolitan background.Source: Business Today, April 7-21 2004, pg 129.
Case Laws - Supreme Court of India
Non Joining Duty (NJD) Vacancy Post Can't Be Filled From Expired Rank List If It is Reported After Expiry of Rank List: Supreme Court of India
Read Judgement below
Aneesh Kumar VS and others vs State of Kerala and others
Case No : Civil Appeal No 2368/2020
"it is well established that the Commission (KPSC) cannot advise any candidate after the expiry of a Ranked List, even to an NJD vacancy, if such vacancies are reported after the expiry of the list in question. We agree with this opinion of the Full Bench".
The NJD vacancies reported after the expiry of the first list must be filled up from the subsequent lists, ordered the Court.
"Considering the indisputable facts and unexceptionable finding recorded by the Full Bench which commends to us, it must follow that the appellants were not entitled to base their claim in reference to the first Ranked List (RLI), which had ceased to exist on 1.6.2016, by filing writ petition(s) on 12.10.2017 for the stated reliefs. As the first Ranked List (RLI), in law, ceased to exist from 1.6.2016, no relief could be granted to the appellants and the principles of "actus curiae neminem gravabit and lex non cogit ad impossibilia" will be of no avail, as it was not a case of any prejudice caused to the appellants on account of Court order as such", the bench said in conclusion.
When there are gross irregularities in the selection process in public employment, principal of estoppel does not arise - Supreme Court of India
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What is estoppel?
Indian evidence act 1872, U/S 115 says, When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it.
The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time the sale, he had not title. He must not be allowed to prove his want to title.
When candidate is not aware of the criteria of selection under which he was subjected in the process and the said criteria for the first time is published along with final result dated 10.04.2010, he cannot be estopped from challenging the criteria of selection and the entire process of selection. Further when the written examination as notified earlier was scrapped and every eligible candidate was called for interview giving a go bye to a fair and reasonable process for shortlisting the candidates for interview, that too only by Chairman of the Commission whereas decision regarding criteria of selection has to be taken by Commission, the candidates have every right to challenge the entire selection process so conducted.
The Division Bench of the High Court is right in its conclusion that the selection criteria, which saw the light of the day along with declaration of the selection result could be assailed by the unsuccessful candidates only after it was published. Similarly, selection process which was notified was never followed and the selection criteria which was followed was never notified till the declaration of final result, hence, the writ petitioners cannot be estopped from challenging the selection. We, thus, hold that the writ petitions filed by the petitioners could not have been thrown on the ground of estoppel and the writ petitioners could very well challenge the criteria of selection applied by the Commission, which was declared by the Commission only at the time of declaration of the final result.
The selection and appointment on post in the State have to conform to the fundamental rights guaranteed to the citizens under Articles 14 and 16. The objective of a State in selecting persons into public service has always been to select the best and most suitable person.
It is for the employer to determine and decide the relevancy and suitability of the qualifications for any post and A candidate having suppressed the material information and/or giving false information cannot claim right to continuance in service.: Supreme Court of India
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CIVIL APPEAL NO.3602 OF 2020
Chief Manager, Punjab National Bank & Anr Versus Anit Kumar Das
Applications were invited by the appellant Bank for the post of Peon by publishing an advertisement in the local newspaper. The eligibility criteria mentioned in the said advertisement was that a candidate should have passed 12th class or its equivalent with basic reading/writing knowledge of English. It specifically provided that a candidate should not be a Graduate as on 01.01.2016. A candidate was also required to submit the biodata as per the prescribed format. The respondent herein, though a Graduate, applied for the said post. However, neither in the application nor in the biodata, he disclosed that he was a graduate.
Court held that
"It is for the employer to determine and decide the relevancy and suitability of the qualifications for any post and it is not for the Courts to consider and assess. A greater latitude is permitted by the Courts for the employer to prescribe qualifications for any post. There is a rationale behind it. Qualifications are prescribed keeping in view the need and interest of an Institution or an Industry or an establishment as the case may be. The Courts are not fit instruments to assess expediency or advisability or utility of such prescription of qualifications. However, at the same time, the employer cannot act arbitrarily or fancifully in prescribing qualifications for posts."
Further court relied up on Kendriya Vidyalaya Sangathan v. Ram Ratan Yadav (2003) 3 SCC 437 and held that
"Suppression of material information and making a false statement has a clear bearing on the character and antecedents of the employee in relation to his continuance in service. A candidate having suppressed the material information and/or giving false information cannot claim right to continuance in service."
J.Rangaswamy v. Government of Andhra Pradesh (1990) 1 SCC288,
it is observed and held by this Court that it is not for the court to consider the relevance of qualifications prescribed for various posts.
Yogesh Kumar v. Government of NCT of Delhi (2003) 3 SCC548
it is observed and held by this Court that recruitment to public service should be held strictly in accordance with the terms of advertisement and the recruitment rules, if any. Deviation from the rules allows entry to ineligible persons and deprives many others who could have competed for the post.
Hiring After Lockdown - An Employer's Guide
-Imogen Clarke (4.08.2020)
The impact that the COVID-19 pandemic is having on the economy is immense. Although the future looks very uncertain for many businesses, some are seeing a rise in demand like they have never seen before. Some businesses in retail, healthcare and online services, for example, are expanding dramatically and looking to hire staff as quickly as possible. There has also been a massive rise in job losses, especially as the government’s furlough scheme comes to an end, meaning that there is more competition than ever for these jobs. It can be tempting to hire as quickly as possible, but it is important to take as much care in employing the right people as you always have. As an employer, finding the right employee is very important, and here is a guide to getting them…
The Initial Influx
Due to the number of people that we are seeing losing their jobs, the likelihood is that you will have high numbers of people applying for any vacancies that you are looking to fill. It can be a daunting task to go through hundreds of CVs, trying to find the best candidates for your role.
One solution to this is to carry out per-employment testing. This testing will help you to sift through your job applications, showing you only the most suitable candidates for the job. According to psychometric experts, Arctic Shores, this can:
“Increase the caliber of hires by up to 40%, by more accurately identifying those with the traits you need.
Reduce hiring costs by more than a quarter with faster, data-driven sifting.
Improve your employer brand, with a pre-hire experience that 90% of candidates agree reflects well on you.”
Be Prepared for the Interview
It is important to remember that when you are interviewing a potential employee, they will also be assessing you and your business – and deciding whether they want to work for you. You should, therefore, be aware that you need to make a good impression. And being confused and disorganized is certainly NOT the impression that you’ll be looking to make!
Start by defining who your ideal candidate is – what traits are necessary and desirable, what experience would you like them to have, and which type of personality will help them to fit into your business well? You might not find someone who ticks all these boxes, but you should try to get as close as possible to them.
Try to set their expectations. The interviewing process is high pressured at the best of times and candidates will look favourably on you if you are kind, organised and open about the process. By explaining to them what they can expect, you can take the extra stress away, allowing them to concentrate fully on being interviewed.
It is important to actually be prepared for your interview. Don’t try and wing it. Prepare properly by considering what you will ask, how you will present your company, and ensuring that you are familiar with the candidate’s CV.
During the Interview
It is important for the interview to be a positive experience for both you and the candidate. You should remember that it is not only your opportunity to meet the candidate, but it is also a chance for you to ensure that they talk about you in a favourable light. They may even decide to apply for different jobs in your company if they aren’t successful.
During the interview, you should:
Make sure that you set out the expectations of the job – both the good and the bad. A job not being what they expect is a major reason for employees leaving a role within the first few months
Be clear about the next steps and when they will happen – and make sure that you stick to them
Concentrate on the interview and the interviewee, make notes, and interpret what they said and did afterwards
Ask job-relevant, standardized questions to be able to compare candidates easily, with no bias
Think about a scoring system to be able to compare candidates in an easier way
In addition to outlining and carrying out your next steps after the interview, you should also consider giving the candidate feedback. This is not only very helpful to them, but it will also give them a good impression of you and your business.
If your business is expanding quickly, it can be tempting to fill your job roles with the first people who come through the door. It is important, however, to choose the right person who will be valuable, a long-term employee, able to do the job properly, and fit into the culture of your workplace. You will only get this person by attracting and interviewing in the right way, as well as persuading them to work for you.
With the right employees, you can build on the success of your business and take it in the right direction in the future.
Employing Team Members (Selecting new staff members) – What You Need To Know (UK)
Taking on new staff members can be an exciting step for any business, large or small. You may be in a position to expand your operations and have started to think about growing your team, or it may be that you’re looking to bring in a fresh face with new skills and expertise to enhance your business.
Whether you’re looking to add to an existing team or are employing someone for the first time, as an employer you are responsible for making the right decisions for your business and staff members throughout the recruitment process. Here are some of the key factors you need to take into account when employing new team members.
Review Your Finances
Before you begin the search for team members, it is important to review your finances and make sure your budget will allow it. Be sure to liaise with a financial advisor about the appointment before you advertise the position. Additionally, you will need to make sure you have up-to-date employment insurance before making any offers.
You also need to consider the practicalities of how your staff will be paid. Modern businesses use software to connect to their bank accounts and automate payments direct to their employees, so it’s important to choose the right account to allow you to manage payments with ease. To see which bank account is right for your business, click here.
You should decide how much you will pay your new staff members before advertising the role. Research other job listings from similar businesses to see how much they are offering candidates, bearing in mind that all employees should be paid at least the UK minimum wage. Advertising your role with a competitive salary will help you attract the best candidates.
You should also check to see if you need to automatically enroll new team members into a workplace pension scheme. If you’re taking on employees for the first time, click here for more information on how to set up and manage pension schemes.
Register As An Employer
To manage pension schemes and other employment processes, you must first register as an employer with HMRC (Her Majesty's Revenue and Customs), after which you will receive a PAYE (Pay As You Earn ) reference number for payroll. You will also need to make sure you send successful candidates a written statement of employment once a job offer has been accepted.
The statement should include information such as a job title and description, the employee’s salary or wages, holiday entitlement and details of any probation period. A wider written statement should then be issued to the employee within two months of them starting the job, including details of the pension scheme, disciplinary procedures and collective agreements.
Advertise The Role
Finding candidates with the correct skills, experience and qualifications is crucial when you’re thinking about adding to your team. It’s important to get the right people through the door when inviting candidates in for an interview, which is your chance to get to know more about them. The nature of your business may affect where and how you advertise your vacancy.
Job sites such as Indeed, Reed and Monster Jobs have thousands of job listings from a variety of industries, while there may be other sites that target certain jobs and industries more relevant to your business. Other sites such as LinkedIn provide a good insight into a candidate’s experience and education even before viewing a CV or written application.
There are a variety of ways you can choose to ask your candidates to apply for the position, such as sending in a CV, completing an online form or providing written answers to your questions in a longer format. The nature of your business and the level of the position will dictate the style and depth of the application process. Check out this guide from hiring platform Workable for more information. Interns and Apprentices When taking on new employees, it’s important to consider the longevity of your current team and keep one eye on the future. You might consider taking on an intern or apprentice, initially on a temporary basis, to add a younger personality who is looking to develop their skills and experience.
Working with local colleges and universities, apprentices complete their studies alongside their work, gaining the correct knowledge to inform hands-on industry experience. Taking on an apprentice, intern or trainee could also save you money, as they will often work for a reduced wage before being potentially rewarded with full-time employment later on. To find out if an apprenticeship is right for your business, click here.
Provide In-House Training
Equipping your employees with the required skills and knowledge will allow them to succeed in their new role. In addition to their own education and experience, thorough in-house training can be hugely beneficial when bringing new blood into your business.
Providing detailed information about specific methods and processes will help your new employees to settle in quickly. It also ensures that all employees are in a similar position in terms of understanding what is required of them.
Encourage Staff Morale
Maintaining good team morale is sure to provide a huge boost to your business’s productivity. Having a workforce that feels valued, appreciated and enthusiastic about coming to work is a recipe for continued positivity and success.
Providing perks and benefits such as bonuses and discounts is a great way to maintain high morale and provide motivation for new staff members. Also, arranging team-building activities can be of benefit to your workforce as a whole and can also help new staff members feel like a part of the team.
Ways to find a job in a tough market
Getting a new job may be tough in a glum economic environment, but that should not deter you from looking. Following some easy, yet often ignored, steps should help you sail through.
Map your Competency
"Individuals should identify the skill sets they are good at and should look for industries where they fit in," says Sunil Goel, director of executive search firm Global Hunt. Perry Madan, executive director at EWS Search, adds: "When times are hard, people should think out of the box and concentrate on the skill sets rather than limiting themselves to their industry."
List your Options
Make a list of companies you wish to work for and identify their structures and hiring cycles. "One could make two separate lists - of companies that are most desired and companies that are not high on priority, but can work as a platform for getting another posting elsewhere," says Goel.
A lot of MNCs are ramping up operations across the country, and not just the metros. "Tier II, tier III cities and rural markets have plenty of opportunities and a lot of companies within the F&B and education space have ambitious plans for such areas. One should not hesitate in exploring such opportunities," says Madan.
Get active on social networking websites and job portals, and meet people if possible. "It is always better to meet people rather than mailing or calling them, as face value has a greater recall ," says Goel.
Your profile should be specific and should highlight your work areas and expertise. Avoid overloading your resume with content to prevent misrepresentation.
Difference Between CV And Resume
A citizen of UK will apply for a job with a CV. An American forwards a resume with his job application. Nevertheless, an Australian applies with both. A lot of people do not know the difference between a CV and a resume. Here we learn the difference between a CV and a resume and where and how they are used.
What is a CV?
The Latin translation of the term Curriculum Vitae (CV) means the course of life. Hence a CV can be described as a detailed and in-depth document that narrates the details of the candidate’s achievements. A CV is much more than a career biography. A CV would generally cover the education, complete summary of previous work experience, publications, awards and honors received and other details that will throw enough light on the candidate’s caliber
and accomplishments. Chronological arrangement of details is necessary for a CV. Anyone looking at a CV will gain a fair picture of the candidate’s full working career. A CV is a static document. It does not change according to the position to which the subject is applying for. The difference is however effected by the candidate in the covering letter.
What is a resume?
A resume can be described as a concise document that is usually short and runs for not more than a page. A resume is intended for a recipient who will not be dwelling on your document for so long. The most important objective of a resume is to let the candidate stand out from the competition. A resume is usually adapted to the position applied for. The candidate is expected to tailor the resume to suit the position for which he makes the application. A resume need not cover the whole of your career. It is need not follow a chronological order.
The main differences between a CV and resume
The major difference between a CV and resume are their purpose, layout and length. A CV is a highly descriptive document about the subject’s career and it can run for more than two or three pages. A resume is the summary ofthe candidate’s skills and experience.
A resume is tailored to the position applied for whereas a CV is a static document that remains unaltered for any position.
A CV is expected to follow a chronological order of the subject’s education, other experiences and work. Aresume on the other hand can be shuffled in a way suiting the purpose of the applicant.
Resumes and CVs across the globe
Resumes are highly preferred as application documents in the US and Canada. An American and a Canadian will use a CV only while applying for some positions abroad or while seeking a potion connected to academic research.
CV is the most preferred application document in UK, New Zealand and Ireland. In these countries, CVs are used for all kinds of application purposes and resumes are hardly in use in these countries.
In India, South Africa and Australia, the terms CV and resumes are used interchangeably. Usually an application for a private sector enterprise calls for a resume and an application for a public sector establishment calls for a CV in these countries.
Reservations in recruitment and Selection of Employees
Candidates Belonging To Reserved Categories Are Eligible For General Category Vacancies Based On their Merit: Supreme Court of India
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This Miscellaneous Application has been preferred by Ms. Sonam Tomar and Ms. Reeta Rani who had participated in the Selection Process initiated for filling up posts of Constables in U.P. Police and secured 276.5949 and 233.1908 marks respectively. They had applied in the categories of OBC-Female and SC-Female respectively.
It is submitted by them that their claim has been rejected by the State Government despite directions issued by Court in its Order dated 24.07.2019 in I.A. No.10394 of 2018 (Ashish Kumar Yadav and Others vs. State of Uttar Pradesh and Others) and that candidates with lower marks have been selected in General Female category disregarding their claim.
Aggrieved by the action on part of the State in not considering the claim of OBC female and SC female candidates against the posts meant for General Category female candidates, this Miscellaneous Applicationis preferred submitting inter alia:-
The Supreme Court of India held that the candidates belonging to reserved category, are eligible to be filled in general/open category vacancies based on merit also and this principle should also be followed while filling vacancies in horizontal reservations in open category.
This case pertains to selection process undertaken by State of Uttar Pradesh to fill up 41,610 posts of Police Constables [U.P. Civil Police/Provincial Armed Constabulary (PAC)/Fireman]). Ms. Sonam Tomar and Ms. Reeta Rani who had participated in the Selection Process had approached the Court aggrieved with non-consideration of their claim [of OBC female and SC female candidates] against the posts meant for General Category female candidates.
Therefore, the court held that all candidates coming from 'OBC Female Category' who had secured more marks than the marks secured by the last candidate appointed in 'General Category–Female' must be offered employment as Constables in Uttar Pradesh Police.
"The second view may lead to a situation where, while making adjustment for horizontal reservation in Open or General Category seats, less meritorious candidates may be adjusted, as has happened in the present matter. Admittedly, the last selected candidates in Open General female category while making adjustment of horizontal reservation had secured lesser marks than the Applicants. The claim of the Applicants was disregarded on the ground that they could claim only and only if there was a vacancy or chance for them to be accommodated in their respective column of vertical reservation"
"The second view, based on adoption of a different principle at the stage of horizontal reservation as against one accepted to be a settled principle for vertical reservation, may thus lead to situations where a less meritorious candidate, not belonging to any of the reserved categories, may get selected in preference to a more meritorious candidate coming from a reserved category."
"The quota provided for women, as well as dependents of freedom fighters (DFF) and ex-servicemen, in the present case are characterized as 'horizontal' whereas the quotas for social groups (SCs, STs, OBCs) are characterized as 'vertical'. The coining of this differential terminology is underscored by the fact that the latter is sanctioned explicitly in Article 16(4), whereas the former is evolved through a process of permissible classification (Articles 14, 16(1)), although such horizontal reservations have been located additionally in Article 15(3)14"
The open category is open to all, and the only condition for a candidate to be shown in it is merit, regardless of whether reservation benefit of either type is available to her or him."
Illegality in the selection - Supreme court directs university to give appointment to candidate who was denied post of lecture 14 ago, with notional fixation and fitment in her grade from the date of such appointment as Assistant Professor with all consequential annual increments etc.
Read judgment below
The contention which appealed to the learned Single Judge was that the appellant was not granted the maximum marks which the appellant would have secured for the articles which the appellant had published. The appellant was given four marks out of ten. That is for the two articles which were published in what was perceived as approved journals. The complaint of the appellant was however, that the appellant had also published three articles in the journal.
Court held that
"We are of the view that the Division Bench has erred in not finding that the documents would clearly show that the journal 'Experiments in Education' was included as approved after the process was undergone at the hands of the concerned bodies of the University, viz., the Board of Studies, Faculty of Education and finally, the Academic Council.", the bench comprising Justices KM Joseph and S. Ravindra Bhat said.
The respondent University will on the basis of the said finding, issue order of appointment to the appellant taking note of the position as such within a period of four weeks from today.
We, however, make it clear that the appellant will not be entitled to arrears of salary. Instead she will be entitled to notional fixation and fitment in her grade from the date of such appointment as Assistant Professor with all consequential annual increments etc., and continuity of service on such basis. We further make it clear that there will be no recovery of any emoluments drawn by respondent No. 5 who having regard to the rank obtained by her, would be pushed down to rank No. 3 as a result of our decision, and would have to be ousted otherwise. We also make it clear that the directions issued as aforesaid should not be understood to takeaway the benefit of the service which respondent No. 5 has rendered till she was appointed as Professor in Mahatama Gandhi University.
Employee false statement and/or not disclosed the material facts and/or suppressed the material facts i.e. involvement in criminal cases, cannot be continued in service a : Supreme Court of India
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In this case, the employee of Rajasthan Rajya Vidyut Prasaran Nigam Limited had submitted a declaration during documents verification that neither criminal case is pending against him nor he has suffered any conviction by any court of law in any criminal case. His services were terminated by the employer after it found that he was convicted in a criminal case.
Court held that
The question is not about whether an employee was involved in a dispute of trivial nature and whether he has been subsequently acquitted or not. The question is about the credibility and/or trustworthiness of such an employee who at the initial stage of the employment, i.e., while submitting the declaration/verification and/or applying for a post made false declaration and/or not disclosing and/or suppressing material fact of having involved in a criminal case. If the correct facts would have been disclosed, the employer might not have appointed him. Then the question is of TRUST. Therefore, in such a situation, where the employer feels that an employee who at the initial stage itself has made a false statement and/or not disclosed the material facts and/or suppressed the material facts and therefore he cannot be continued in service because such an employee cannot be relied upon even in future, the employer cannot be forced to continue such an employee. The choice/option whether to continue or not to continue such an employee always must be given to the employer. At the cost of repetition, it is observed and as observed hereinabove in catena of decision such an employee cannot claim the appointment and/or continue to be in service as a matter of right. (Para 12)
What is the difference between vertical and horizontal reservations in employment?
In Rajesh Kumar Daria etc. vs. Rajasthan Public Service Commission and others (14 (2007) 8 SCC 785), a bench of three judges of this Court considered the difference between vertical and horizontal reservations as under:-
Social reservations in favour of SC, ST and OBC under Article 16 (4) are 'vertical reservations'. Special reservations in favour of physically handicapped, women etc., under Articles 16(1) or 15(3) are 'horizontal reservations'. Where a vertical reservation is made in favour of a backward class under Article 16 (4), the candidates belonging to such backward class, may compete for non-reserved posts and if they are appointed to the non-reserved posts on their own merit, their numbers will not be counted against the quota reserved for the respective backward class.
We may also refer to two related aspects before considering the facts of this case. The first is about the description of horizontal reservation. For example, if there are 200 vacancies and 15% is the vertical reservation for SC and 30% is the horizontal reservation for women, the proper description of the number of posts reserved for SC, should be: “For SC: 30 posts, of which 9 posts are for women.” We find that many a time this is wrongly described thus: “For SC: 21 posts for men and 9 posts for women, in all 30 posts.” obviously, there is, and there can be, no reservation category of “male” or “men”.
The second relates to the difference between the nature of vertical reservation and horizontal reservation. Social reservations in favour of SC, ST and OBC under Article 16(4) of the Constituion of India are “vertical reservations”. Special reservations in favour of physically handicapped, women, etc., under Articles 16(1) or 15(3) are “horizontal reservations”. Where a vertical reservation is made in favour of a Backward Class under Article 16(4), the candidates belonging to such Backward Class, may compete for nonreserved posts and if they are appointed to the nonreserved posts on their own merit, their number will not be counted against the quota reserved for respective Backward Class. Therefore, if the number of SC candidates, who by their own merit, get selected to open competition vacancies, equals or even exceeds the percentage of posts reserved for SC candidates, it cannot be said that the reservation quota for SCs has been filled. The entire reservation quota will be intact and available in addition to those selected under open competition category.
Ref: page 26 of MISCELLANEOUS APPLICATION NO.2641 OF 2019 IN SPECIAL LEAVE PETITION (CIVIL)NO.23223 OF 2018
The features of vertical reservations are:
(i) They cannot be filled by the open category, or categories of candidates other than those specified and have to be filled by candidates of the concerned social category only (SC/ST/OBC);
(ii) Mobility (‘migration’) from the reserved (specified category) to the unreserved (open category) slot is possible, based on meritorious performance;
(iii) In case of migration from reserved to open category, the vacancy in the reserved category should be filled by another person from the same specified category, lower in rank,
(iv) If the vacancies cannot be filled by the specified categories due to shortfall of candidates, the vacancies are to be ‘carried forward’ or dealt with appropriately by rules.
Scheduled Castes get selected in the open competition field on the basis of their own merit; they will not be counted against the quota reserved for Scheduled Castes;
In a case Indra Sawhney v. Union of India11 commonly known as Mandal case, this Court held thus: (SCC p. 735, para 811)
“In this connection it is well to remember that the reservations under Article 16(4) do not operate like a communal reservation. It may well happen that some members belonging to, say, Scheduled Castes get selected in the open competition field on the basis of their own merit; they will not be counted against the quota reserved for Scheduled Castes; they will be treated as open competition candidates.”
In Union of India v. Virpal Singh Chauhan16 (SCC at p. 705) it has been held that while determining the number of posts reserved for Scheduled Castes and Scheduled Tribes, the candidates belonging to reserved category but selected/promoted on the rule of merit (and not by virtue of rule of reservation) shall not be counted as reserved category candidates.”
Megha Shetty vs. State of Rajasthan 2013 (4) RLW 3227 (Raj.), following observations were made by the High Court of Rajasthan:-
Once the horizontal reservation in favour of woman in general/open category is to be applied, the candidates belonging to all categories, including SC, ST and OBC, are also entitled to be considered against the said posts reserved for General Category (Woman).
Asha Ramnath Gholap vs. The President, District Selection Committee/Collector 2016 SCC OnLine Bom 1623 , the High Court of Bombay considered the issue as under:
We find the argument advanced as above to be fallacious. Once it is held that general category or open category takes in its sweep all candidates belonging to all categories irrespective of their caste, class or community or tribe, it is irrelevant whether the reservation provided is vertical or horizontal. There cannot be two interpretations of the words `open category'; one applicable for vertical reservation and other for horizontal reservation. Reservation prescribed may be `vertical' or `horizontal' if it relates to open category, the candidate belonging to backward class cannot be precluded from competing for the said posts on their own merit with rest of the candidates.
Ref: page 34 of MISCELLANEOUS APPLICATION NO.2641 OF 2019 IN SPECIAL LEAVE PETITION (CIVIL)NO.23223 OF 2018