NEW DELHI: The Supreme Court has said that the PSC has the power for recruitment only. The court also stated that it is the state government that has the power to decide vacancies and make appointments.

The state government had directed the PSC to extend the validity of the Junior Health Inspector Grade Two rank list to fill up the new vacancies. However, the PSC rejected it. The decision of the PSC was upheld by the High Court. The candidates in the rank list approached the Supreme Court against this.

"The state government is the employer. Therefore, it is the government that has the exclusive right to determine the number of vacancies in any post and how many of them are to be filled. The High Court could not understand this. That is why the High Court took a stand in favour of the PSC," the Supreme Court observed.

A bench comprising Justices Vikramnath and Prasanna B Varale recalled that the primary function of the PSC is to aid and facilitate recruitment. "The PSC is an autonomous body which has to function within the framework of the Constitution," the court said.

No logic in PSC's position

Municipal Common Service Junior Health Inspector Grade Two Rank List came into effect in 2020. The list was valid till February 2023. More vacancies happened in the meanwhile due to various reasons. The government proposed to extend the validity of the rank list due to this. Government action was a decision taken in special circumstances. The PSC's response to it was illogical and outrageous. The validity of the rank list as per the 2014 notification should be extended. The Supreme Court ordered that recruitment should be done keeping in mind the new vacancies found by the government.