IMPORTANT POINTS
(1) Appointment – An employer shall always have adequate discretion with an element of flexibility in selecting an employee – Interference can only be made when a selection is arbitrary or contrary to law which is not the case in present matter.
(2) Selection – Principle governing changing rules of game would not have any application when change is with respect to selection process but not qualification or eligibility.
(3) In a proceeding initiated under Article 226 of Constitution of India, scope of review has to be looked at differently, facilitating an enlarged view.

JUDGMENT :

M.M. SUNDRESH, J.

1. The decision of the Division Bench of the High Court of Judicature at Allahabad in allowing the writ petition filed by the private Respondents, setting aside the order passed by the learned Single Judge is assailed before us. Candidates who waited in the wings, observing the legal journey, filed applications for impleadment seeking extended benefit of the impugned Judgment and Order.

2. The present appeals are filed by the State of Uttar Pradesh inter alia contending that the candidates who are not part of the list forwarded by the Uttar Pradesh Subordinate Services Selection Commission (hereinafter referred to as ‘the Commission’) were also directed to be considered in the vacancies arising pursuant to the selected candidates approved by the appointing authority, not taking up the jobs offered to the post of Gram Panchayat Adhikari, Single Cadre, Group (C). The learned Single Judge dismissed the Writ Petition filed by the private Respondents, which was overturned by the Division Bench on the premise that Rule 15 of the Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978 (hereinafter referred to as “1978 Rules”), if given due interpretation, would facilitate consideration of persons waiting in the queue based upon their performance. An application for review was filed by the appellant inter alia stating that the relevant rule to be applied is the Uttar Pradesh Direct Recruitment to Group ‘C’ Posts (Mode and Procedure) Rules, 2015 (hereinafter referred to as “2015 Rules”). The said application was dismissed without taking note of the aforesaid contentions. The State seeks to assail both the aforesaid orders in the present proceedings.

3. Heard Ms. Ruchira Goel, learned counsel for the Appellant and Mr. V.K. Shukla, learned senior counsel for the Respondent Nos. 1 to 3 and Mr. M.R. Shamshad for the Respondent No. 4.

ON FACTS:

4. An advertisement was made for the purpose of filling up of 3587 Group ‘C’ Posts of Gram Panchayat Adhikari on 22.06.2015. The selection process was completed in accordance with the 2015 Rules, by duly conducting a written examination followed by an interview. By way of abundant caution, though not necessitated, the 1978 Rules were also amended on 22.11.2016. The final result was declared on 24.12.2016 and appointment letters were issued during the months of April and May, 2017. During the pendency of the writ petition, the process for the next selection was commenced by taking note of the carry-forward vacancies. At that point of time, the impugned orders were passed by the Division Bench of the High Court of Allahabad.

5. The private respondents and the impleading applicants willingly took part in the selection process. Obviously, they were not disqualified but along with others made to go through the recruitment process of written examination and the interview. It is to their misfortune that they did not find a place in the list sent by the Commission to the appointing authority. Though, the entire process was done in tune with the 2015 Rules and in exercise of the power conferred under the Uttar Pradesh Subordinate Services Selection Commission Act, 2014 (hereinafter referred to as the “2014 Act”), the reliance was made on the 1978 Rules which has found favour with the High Court.

RELEVANT RULES:

6. We shall first consider all the relevant rules and definitions, with specific reference to the provisions governing the recruitment process, to have a correct understanding of the issue involved.

A. Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978:

7. These rules exclusively dealt with the appointment to the post of Gram Panchayat Adhikari, introduced by the powers conferred under the proviso to Article 309 of the Constitution of India. It has undergone amendment in the year 1989. We are concerned with two amendments by which the earlier Group ‘D’ posts were converted into Group ‘C’ posts, with the change in the constitution of the committee. The first amendment is to th