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of <h1>Court upholds SEBI's recruitment practices for Executive Director posts, dismissing challenge. Petitioners lacked enforceable rights.</h1> <h3>SEBI Employees Association (Registered) Versus The Securities and Exchange Board of India</h3> SEBI Employees Association (Registered) Versus The Securities and Exchange Board of India - TMI Issues Involved:1. Legality of SEBI's method of filling Executive Director posts.2. Petitioners' claim for promotion to Executive Director posts.3. SEBI's compliance with its own regulations regarding recruitment.Issue-wise Detailed Analysis:1. Legality of SEBI's method of filling Executive Director posts:The Petitioners sought a writ of mandamus under Article 226 of the Constitution of India, directing SEBI not to fill 50% of the Executive Director posts by direct recruitment, deputation, or contract basis unless no eligible and suitable officer is available internally. They argued that SEBI should resort to these modes of appointment only in special circumstances. The Court examined SEBI's power under Section 9 of the SEBI Act, 1992, which allows SEBI to appoint officers and employees as necessary for efficient discharge of its functions. The Court found that SEBI's right to appoint officers of its choice is unrestricted by the Regulations, and SEBI can recruit from the open market, including internal candidates.2. Petitioners' claim for promotion to Executive Director posts:The Petitioners, including a registered association of SEBI employees, claimed that their members eligible for promotion to Executive Director posts were overlooked in favor of external candidates. They argued that SEBI's practice of filling 50% of Executive Director posts by deputation or contract basis violated their right to be considered for promotion. The Court noted that the Regulations allow for filling these posts by promotion, deputation, direct recruitment, or contract basis, with 50% of posts to be filled by internal candidates. The Court found no evidence that SEBI's actions violated the Petitioners' right to be considered for promotion.3. SEBI's compliance with its own regulations regarding recruitment:The Petitioners argued that SEBI's recruitment process did not adhere to its Regulations, particularly Regulation 6(4) and 7(3), which state that posts in Grade-D and above can be filled by deputation or contract only in special circumstances. The Court examined the Regulations and found that SEBI's recruitment practices are consistent with the Regulations. The Schedule appended to the Regulations specifies that 50% of Executive Director posts should be filled by internal candidates and the remaining 50% by deputation, contract, or direct recruitment. The Court found that SEBI's practice of filling these posts through various modes, including external recruitment, is permissible and does not violate the Regulations.Conclusion:The Court dismissed the Writ Petition, finding that SEBI's recruitment practices for Executive Director posts are consistent with the SEBI Act and the Regulations. The Petitioners' claims of being overlooked for promotion were not substantiated, and SEBI's right to appoint officers of its choice remains intact. The Court concluded that the Petitioners have no legally enforceable right to the reliefs sought, and there is no evidence of any arbitrary or unreasonable actions by SEBI.
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