Recruitment process not transparent

The PSC after consideration of the pros and cons of the matter was of the opinion that the recruitment process was not transparent. The High Court Division observed that the posts were competitive and prized one and in such competitive examination "Transparency in the recruitment process was also necessary not only for the service but also for the Commission in order to maintain the public confidence in such constitutional commission."……………… (10)

The writ petitioners failed to show anything that the Government arbitrarily did not accept the recommendation of the PSC on the basis of the first viva-voce examination result, rather the materials on record proved that the recruitment process was tainted by nepotism, corruption, and political influence.

The recommendation of the PSC in respect of selection and appointment of the writ petitioners to different posts is not itself a final decision. The Government is not bound to accept the recommendation of the PSC. Therefore, the writ petitioners have acquired no right whatsoever of being appointed on the basis of the recommendation, inasmuch as, the petitioners were not assured by the PSC or the Government to appoint them to their recommended posts. In this regard, the High Court Division held that if the process of recruitment is tainted by fraud and if serious irregularities of impropriety in conducting the examination are detected such process does not create any legitimate expectation. Therefore any recommendation of a candidate for any posts do not acquire any right to the said posts………..(12)