2025 Supreme(Online)(UK) 2847
HIGH COURT OF UTTARAKHAND
DOLLY ARYA – Appellant
Versus
UTTARAKHAND SUBORDINATE SERVICE SELECTION COMMISSION – Respondent
WPSS 2482 / 2024
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2 WPSS No. 2482 of 2024 Hon’ble Rakesh Thapliyal, J. learned counsel for 1. Mr. Sagar Kothari, the petitioner, Mr. B.D. Pande and Mr. Lalit Sharma, learned counsel for the UKSSC. . Several opportunities have been given to the Recruiting Body to show the provision, which empowered them to publish the provisional list for the purposes of inviting the candidates for document verification. Prima facie, on perusal of the Act and Rules, the Commission, after permitting a candidate to participate in the examination, have no right to call a candidate for the document verification. Publishing the provisional merit list in the website for inviting the candidates to produce the original documents is completely beyond their power. 3. Thus, this Court is of the view that the Recruiting Body exceeded their power and jurisdiction by publishing the provisional merit list. Apart from this, it is settled law that it is for the Appointing Authority to accept or not to accept the recommendation made by the Recruiting Body and if the Appointing Authority accepts the recommendation of the Selection Committee of the |
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Recruiting Body, then the Appointing Authority has all power to verify the documents, for which they can ask the candidates to furnish their original documents. 4. There is also another aspect of the matter. By publishing provisional merit list for inviting candidates with original documents for verification may likely to frustrate the secrecy of the selection, because at the time when the candidates were invited to place their original documents for verification, no legal and enforceable right is accrued since by that time, the final select list was not forwarded to the Appointing Authority. 5. Even otherwise, it is also settled principle of law that merely a candidate finds place in the select list, no right is accrued in their favour to get an appointment until and unless that select list is forwarded by the Recruiting Body accepted by the Appointing Authority. Publishing of provisional merit list in the website for inviting candidates to produce original documents for document verification certainly make an attempt to disrupt the secrecy of the selection, therefore, such an action of the Recruiting Body publishing the provisional merit list in its website is a very serious issue. Since last so many dates the arguments are |
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going on, and this Court is repeatedly asking from the counsel for the Recruiting Body to show any provision, which empowers them to publish a provisional merit list for the purposes of document verification, but they failed to show any such provision. 6. Section 18 of the Act is very clear that after receiving the requisition, the Recruiting Body should have forwarded the select list to the Appointing Authority. There is no any such provision that until and unless the selection list is forwarded, the Commission is empowered to publish the provisional merit list in the website. 7. Apart from this, as per the schedule of the Act No. 23 of 1985, the Commission is empowered to get information for candidates and preliminary scrutiny cases, from which it reveals that the Recruiting Body at a preliminary stage may adopt any method for scrutinizing the application forms and the documents enclosed alongwith the application form, but, the entire Act and the Regulations does not provide that once a candidate is permitted to appear in the examination, then, they can verify the document of the candidates by |
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