PSC's demand rejected; responsibility of recruitment only, it is government that should decide on appointments: Supreme Court

NEW DELHI: The Supreme Court has reiterated that PSC has only the power to recruit. SC also maintained that it is the state government that has the power to decide on vacancies and how many of them should be filled. The Supreme Court had earlier ordered that the rank list related to the Junior Health Inspector Grade II post in the Municipal Common Service be extended. The court's observation was made while dismissing the petition filed by PSC seeking withdrawal of this order. A bench of Justices Vikram Nath and Sandeep Mehta asked the PSC's lawyer whether the petition was filed due to ego.

The state government had directed PSC to extend the rank list for Junior Health Inspector Grade II to fill the newly created vacancies. PSC was not ready to comply with the directive. Although this action was approved by the Kerala High Court, the Supreme Court rejected it. The primary duty of PSC is to facilitate and streamline the recruitment process. PSC is responsible for ensuring transparency and merit-based recruitment.

The employer is the state government. It is the government that has the prerogative to decide how many vacancies there are in any post and how many to fill. The High Court failed to understand this fundamental difference. That is why the Supreme Court had earlier observed that the High Court had misinterpreted and taken a position in favour of PSC. The Supreme Court reiterated this position yesterday as well.