New Delhi, Feb 17 (UNI) The Supreme Court has ruled that right of selection for a post cannot continue indefinitely as citizens have human right of development and offer of appointment on such posts should be directed only on the basis of merit.
The ruling was handed down by a bench comprising Justices S B Sinha and V S Sirpurkar while allowing the appeal of state of Jharkhand, against the direction of the High Court to give weightage to those whose appointment was cancelled after detection of the Fodder Scam in 1996, in Bihar.
All appointments of technical assistance made on ad-hoc basis in Frozen Semen Bank Project and the appointments were made by the regional director, Animal Husbandary, Ranchi.
Some of the assistants went to the High Court against their removal from service and Court directed to provide relaxation in age limit and also to give weightage to their experience.
However, the High Court also extended the relief even to those who had not approached the Court against their termination.
The apex court in its judgement dated February 14, noted, ''There is a sea change in the situation in the field of public employment.
Ten years have passed, a new state has come into being. Thousands of persons have acquired similar or higher qualifications. They have got their names registered in the employment exchanges. The job oppurtunities in specialised field being limited, those who were now entitled to be considered, may not be considered at all if the order of the High Court is allowed to operate.'' The judgement also noted that the guarantee of equality as envisaged under article 14 and 16 of the Constitution of India, must be protected. While passing one order or the other, we should not forget the interest of those who were not before us. The citizens have human right of development and offer of appointment on such posts should be directed to be made only on merit.
''Only because some persons had approached this court and obtained an order, the same should not be extended to others, to which they were not otherwise entitled, namely weightage in service over the new applicants,'' it added.
The apex court also made it clear that the Constitution of India has conferred a special jurisdiction only in the Supreme Court and although power of judicial review has been conferred on the High Courts, it had not been given any special jurisdiction as has been done on the Supreme Court in terms of article 142 of the Costitution of India.
UNI AKS/SC AE RS1713