The Supreme Court on Wednesday the cancellation of the Tier-I and Tier-II examinations held in 2009 for recruitment to the post of Head Clerk [(Grade II (DASS)] Delhi Subordinate Services Selection Board, saying “recruitment to public services must command public confidence".
A LiveLaw report states the bench comprising Justices DY Chandrachud and MR Shah said while the cancellation may cause hardship to a few who may not have been involved in the wrong-doing, it was sufficient to nullify the ultimate decision to cancel an examination where the nature of the wrong-doing “cut through the entire process so as to seriously impinge upon the legitimacy of the examinations which have been held for recruitment".
The bench allowed the appeals of the Delhi Government and DSSSB challenging the decision of the High Court arming the orders of the Central Administrative Tribunal which had set aside the annulment of the recruitment process, the report said.
The apex court observed that DSSSB and GNCTD must now take adequate measures to “ensure against the recurrence of such instances which erode the credibility of and public confidence in the recruitment process".
The court directed the authorities to undertake a comprehensive exercise to revisit the modalities and safeguards within a period of two months to “ensure that the probity of the recruitment process in future is maintained".
This case concerns the cancellation of the Board’s examinations for the post of [(Grade 2 (DASS)]/Head Clerk (post code 90/09) in the Services Department – II, GNCTD, for a total of 231 vacancies. On March 15, 2016, the cancellation notice was released after an inquiry into multiple complaints alleging irregularities and malpractices. The court observed that a fair and reasonable process of selection to posts subject to the norm of equality of opportunity under Article 16(1) is a constitutional requirement, the report said.
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