The Supreme Court underscored the importance of fairness, transparency, and constitutional adherence in public employment processes, asserting that arbitrariness in such matters strikes at the core of the fundamental right to equality.
During a ruling on Monday, the bench comprising Justices Pankaj Mithal and Sandeep Mehta upheld a previous verdict by the Jharkhand High Court, which had invalidated a recruitment advertisement by the Palamu district administration dated July 29, 2010, for class IV positions due to transparency deficiencies.
The court highlighted that while no citizen possesses a fundamental right to be appointed to a public position, this does not grant the state the liberty to engage in arbitrary or capricious actions that could compromise the fairness of the recruitment process.
“Arbitrariness in public employment goes to the very root of the fundamental right to equality. The state must act within the bounds of fairness as mandated by the Constitution,” the bench stated.
In 2010, the challenged advertisement failed to specify the number of available positions, a lapse the Supreme Court deemed “invalid and illegal” due to its lack of transparency. The court noted that a valid public employment advertisement must detail the total number of posts, the distribution of reserved and unreserved seats, and the minimum qualifications required, along with a clear description of the selection procedure, whether it involves written tests, oral exams, or interviews.
Furthermore, the apex court added that if the state chooses not to provide reservations, it must base such a decision on quantifiable data showing adequate representation and clearly communicate this in the advertisement.
The ruling also upheld the High Court’s decision to dismiss the appeals of employees who were appointed under the flawed advertisement and were later terminated by the state government. The bench refused to grant relief to these individuals, citing their participation in an unfair hiring process.
