Supreme Court Upholds Revised Recruitment Rules, Emphasizes Law Over Equity, and Allows Amendments Under Article 309. The SC allowed the appeal, setting aside the HC's judgment that quashed the Recruitment Rules 2005 and the Limited Internal Competitive Examination for ...
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Supreme Court Upholds Revised Recruitment Rules, Emphasizes Law Over Equity, and Allows Amendments Under Article 309.
The SC allowed the appeal, setting aside the HC's judgment that quashed the Recruitment Rules 2005 and the Limited Internal Competitive Examination for the promotion to Raj Bhasha Adhikari AD(OL). The SC emphasized the necessity of a thorough review before quashing rules and upheld the legality of the revised recruitment policy. It clarified that rules under Article 309 can be amended at any time, overriding the HC's observation on the delay in changing old rules. The SC emphasized the precedence of law over equity, and no costs were awarded.
Issues: Challenge to Recruitment Rules 2005 and Limited Internal Competitive Examination for promotion to the post of Raj Bhasha Adhikari AD(OL).
Analysis: 1. The Respondents filed a writ petition before the High Court challenging the Recruitment Rules 2005 and the Limited Internal Competitive Examination for promotion. The High Court allowed the writ petition, which led to the appeal.
2. The Appellants argued that the impugned Rules were quashed without proper notice or examination. The Supreme Court agreed, emphasizing the need for a thorough review before quashing Rules.
3. The Recruitment Rules aimed to promote the use of Hindi in official communications. The Rules were revised in 2005, changing the mode of recruitment to a Limited Internal Competitive Examination, which was challenged by the Respondents.
4. The Respondents were not regularly promoted under previous Rules and were appointed on an officiating basis. The change in recruitment policy was found to be legal by the Supreme Court.
5. The Supreme Court clarified that Rules under Article 309 can be changed even during the existence of old Rules. The Court emphasized the legislative nature of such Rules.
6. The High Court's observation regarding the old Rules not being changed for three years was deemed unsustainable by the Supreme Court. The Court highlighted that Rules under Article 309 can be amended at any time without prior undertakings.
7. The Supreme Court held that law prevails over equity in conflicts, emphasizing the importance of legal provisions over equitable considerations.
8. The appeal was allowed, setting aside the High Court's judgment. No costs were awarded in the matter.
9. A subsequent appeal was allowed based on the decision in the first appeal, leading to the setting aside of the High Court's judgment without costs.
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