New Delhi: The Supreme Court says the Government cannot inquire into a candidate’s eligibility after the PSC decision is final. The Court held that when service rules give final authority to a Public Service Commission (PSC) to determine eligibility, the government cannot conduct a fresh and detailed review of that eligibility after the candidate has already been selected and recommended by the Commission.
The judgment came in a case involving a candidate selected by the Chhattisgarh Public Service Commission (CGPSC) for the post of Registrar in a State University.
Details of CGPSC Registrar Appointment Case
The case involved Shailendra Kumar Patel, who was selected and recommended by the Chhattisgarh Public Service Commission for appointment as Registrar in a State University. However, despite the recommendation made by the Commission, the State Government formed its own inquiry committee to examine whether Patel possessed the required experience for the post.
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CGPSC Registrar Appointment Case: State Government Rejected Eligibility
The inquiry committee concluded that Patel did not have the necessary experience. Based on that report, the government disqualified him even though the Public Service Commission had already found him eligible.
CGPSC Registrar Appointment Case: What Did The Supreme Court Say
A bench comprising Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh held that Rule 10 of the Chhattisgarh State Universities Service Rules, 1983 gives finality to the Commission’s decision regarding eligibility.
The Court observed that once the Commission has examined and determined a candidate’s eligibility, the appointing authority cannot reopen the issue through an independent and exhaustive inquiry.
Government Cannot Conduct Fresh Eligibility Review
The Supreme Court ruled that the government exceeded its powers by conducting a detailed reassessment of the candidate’s eligibility.
According to the Court, the responsibility for deciding substantive eligibility had been specifically assigned by law to the Public Service Commission.
State Can Verify Documents But Not Reassess Eligibility
The Court clarified that the government is not completely barred from checking a candidate’s credentials.
Authorities may verify the authenticity and genuineness of documents before issuing the final appointment order.
Scope Of Verification Is Limited
The government can only identify a clear and demonstrable deficiency or verify whether submitted documents are genuine. It cannot conduct a fresh examination of eligibility already decided by the PSC.
Supreme Court Sets Aside High Court Orders
The Supreme Court overturned the decisions of both the Single Bench and Division Bench of the Chhattisgarh High Court.
Those earlier judgments had supported the State Government’s decision to conduct an extensive inquiry into the candidate’s eligibility.
Candidate Declared Eligible
After examining the matter, the Supreme Court declared the appellant eligible for the Registrar post. The Court directed the State Government to issue a final appointment order within three weeks.
Additional Relief Granted By The Court
The Supreme Court also ordered that the candidate should receive the benefit of appointment from the same date on which other selected candidates were appointed. However, the Court clarified that arrears of salary would not be payable for the intervening period.
FAQs
Yes. The Court said the government can verify the genuineness of documents but cannot conduct a fresh inquiry into eligibility already determined by the PSC.
The Supreme Court ruled that the government cannot independently reassess a candidate’s eligibility when service rules make the Public Service Commission’s decision final.
Shailendra Kumar Patel won the appeal. The Supreme Court declared him eligible and directed the State Government to issue a final appointment order within three weeks.
