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Showing contexts for: article 320 in Sri Kamalaksha Gangopadhyay vs The State Of West Bengal & Ors on 23 December, 2011Matching Fragments
At one place in its Reply the P.S.C. has rightly affirmed that " it is essential to inform that the mode of recruitment as provided in by the Rules have been made by the appropriate Government authority in consultation with the Commission as required by Article 320 (3) (6) of the Constitution of India. The purpose of Commission is to ensure selection of best available person to avoid arbitrariness and nepotism. Once the Commission determines the norms for an examination and recommends list of successful candidate or candidates to the Government on the basis of such norms, the Commission can not re-open the selection process and lower down the norms at the instance of the Government. The process of selection against existing and anticipated vacancies does not create any right to be appointed to the post. It is held by the Hon'ble Apex Court that the qualification as per recruitment rules must be fulfilled and further the qualification laid down in the recruitment rules cannot be challenged."
39. Article 311 which also finds place in the same chapter gives protection to the holders of civil posts against dismissal, removal or reduction in rank by an authority subordinate to the one by which they are appointed. This article also provides that an order of dismissal, removal or reduction is rank can be passed only after holding an inquiry and giving reasonable opportunity of hearing to the affected person.
40. The provisions contained in Chapter II of Part XIV relate to Public Service Commissions. Article 315 mandates that there shall be a Public Service Commission for the Union and a Public Service Commission for each State. Article 320(1) casts a duty on the Union and the State Public Service Commissions to co9nduct examinations for appointments to the services of the Union and the State respectively.
41. Clause (3) of Article 320 makes consultation with the Union Public Service Commission or the State Public Service Commission, as the case may be, mandatory on all matters relating to methods of recruitment to civil services and for civil posts, on the principles to be followed in making appointments to civil services and posts and in making promotions and transfers from one service to another and on the suitability of candidates for such appointments, promotions or transfers, on all disciplinary matters of a State in a civil capacity, including memorials or petitions relating to such matters, on any claim by or in respect of a person who in serving or has served under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, that any costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the Consolidated Fund of the State, on any claim for the award of a pension in respect of injuries sustained by a person while serving under the Government of India or the Government of a State or under the Crown in India or under the Government of an Indian State, in a civil capacity, and any question as to the amount of any such award. This clause also casts a duty on the Public Service Commissions to advise on any matter referred to them by the President or the Governor.
42. However, the hope and expectation of the framers of the Constitution that after independence every citizen will get equal opportunity in the matter of employment or appointment to any office under the State and members of civil services would remain committed to the Constitution and honestly serve the people of this country have been believed by what has actually happened in last four decades. The Public Service Commissions which have been given the status of constitutional authorities and which are supposed to be totally independent and impartial while discharging their function in terms of Article 320 have become victims of spoils system.