Selection process for appointment as IAS officers in spl category stayed
Chandigarh, Dec. 20 -- The Punjab and Haryana high court (HC) has stayed the selection process for appointment to the Indian Administrative Services (IAS) in the 'non-state civil officers' category in Punjab.
As many as 14 names, out of the total 32 applications, had been recommended to the Union Public Service Commission (UPSC) by a panel presided over by the state's chief secretary. On December 11, the UPSC had written to the state government regarding the meeting of the selection committee for considering the candidature of 14 candidates from December 29.
The selection is being carried in the special cases category, where those who are not members of state civil services are considered for appointment. It is done under Rule 8 (2) of the Indian Administrative Services (Recruitment) Rules, 1954, where the government, in special circumstances, may recruit to service any person of outstanding merit and ability who is not a member of the state civil services. As many as three posts are to be filled.
"The respondents shall not take any further steps in terms of the recommendations of the (chief secretary-headed) committee, till the next date of hearing," the bench of justice Anupinder Singh Grewal and justice Deepak Manchanda ordered while seeking response from the state government, UPSC and Centre.
The petition was from Punjab Civil Services (Executive Branch) Officers Association, who had argued that the applications were invited without issuing a circular published in any newspaper and was not brought to the notice of all other eligible Group- A (class I) gazetted officers in the state.
The state's screening committee, headed by the chief secretary, primarily recommended names from two departments i.e., water supply and sanitation department and excise and taxation department. "No exercise for evaluating the outstanding merit and ability of the recommended candidates has been undertaken by the respondents before forwarding their names to the UPSC for their selection to the IAS," their counsel, senior advocate DS Patwalia had argued.
It was also pointed out that under Rule 8 (2) read with Rule 9 (1) of the Indian Administrative Service (Recruitment) Rules, 1954, the appointments by promotion are restricted to not more than 15% of the posts available for recruitment to IAS in a calendar year. In the calendar year 2024-25, only eight posts of IAS were available and therefore, only one appointment can be made through the process initiated by the government. The petition also alleges that candidatures of "few influential persons have been recommended" for consideration. "No reasons are forthcoming for shortlisting the aforementioned 14 candidates. No criteria whatsoever has been followed by the committee to determine the outstanding ability and merit of the candidates," it said.
Besides seeking quashing of the current exercise, the association has demanded that the rule in question be struck down as it does not specify any criteria for determining the special circumstances under which the state may make appointments by selection to the IAS cadre. "Further, the said rules also do not specify the criteria or procedure to be followed by the states to determine the outstanding merit and ability of persons who are sought to be recruited under the said rule," it says. The government counsel had submitted that under Rule 8(2), recommendations can be made for 15% of the total number of posts of promotion from state civil service. Further, the notice inviting applications was uploaded on the official website of the state government. However, the court was not satisfied, and stayed the selection process while seeking response by January 22....
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