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Procedure no tool to perpetuate injustice by employing punitive measures: SC
Procedure no tool to perpetuate injustice by employing punitive measures: SC
New Delhi, Sep 24 (PTI) The Supreme Court has said procedure must not be made a tool to “perpetuate injustice" by employing punitive measures and directed the Jharkhand Public Service Commission to conduct the medical test of a candidate who failed to appear for it in a competitive exam.
The candidate, belonging to the scheduled tribes category, qualified for the preliminary and mains exam of the Jharkhand Combined Civil Services Competitive Examination, 2021, held in January 2022, but failed to appear for medical test owing to confusion over the date.
A bench of Justices Vikram Nath and Sandeep Mehta said it failed to understand why would the candidate intentionally omit to appear for the medical examination and thus, “be punished so disproportionately as has been done in this case".
It said even if it was accepted that she was negligent in not being available for medical examination as per prescribed schedule, she deserves to be dealt leniently.
“This court time and again has held that procedure is handmaiden of justice and it must not be made a tool to perpetuate injustice by employing oppressive or punitive measures," the bench on September 4 said.
The top court was hearing an appeal against a September 2024 order of the Jharkhand High Court which said the candidate cannot be granted any relief as the selection process was already concluded.
It noted the JPSC issued an advertisement inviting applications from eligible candidates for the Jharkhand Combined Civil Services Competitive Examination, 2021, to fill up the posts that had fallen vacant from 2017-2020.
The bench said the JPSC issued an advertisement stating that verification of records of successful candidates for the purpose of interview was fixed from May 8 to May 15, 2022 and the interview was from May 9 to May 16.
The ad stated that medical examination of candidates, who would participate in the interview, would be fixed for next day in a hospital in Ranchi.
The top court said the appellant could not appear for the medical examination as she was under the belief that last date for interviews and documents verification was May 16, 2022 and therefore, the medical examination would be conducted on May 17, 2022.
She went for the test on May 17 but there was no test and was informed that her candidature was rejected for she was absent in the medical examination.
She moved the high court which dismissed her plea.
The apex court said while candidates were expected to act diligently in matters of public employment, entire onus cannot be casted on them for omissions on their part which could be condoned.
“The said advertisement does not mention the consequence for non-appearance, intentional or otherwise, in the medical examination. The advertisement also did not provide for an opportunity of hearing in case the candidates were unable to appear in the medical examination which may be possible in case an exigency arises," it said.
The bench said the meaning of the words “medical examination of the candidates participated in interview is fixed for next day" does give rise to a genuine doubt as to what is the day on which the candidate is expected to appear for medical examination.
“As a model employer, the State and its instrumentalities are expected to act in compliance with the equality principles as enshrined in the Constitution of India. However, laws that do appear to be providing for equality and are non-discriminatory in nature, do have a potential to be discriminatory," it said.
The bench said medical examination was conducted to only assess the physical fitness of a candidate and their suitability for the job, and was not an assessment on merit of the candidate.
“To uphold the constitutional promise by uplifting individuals belonging to marginalised community such procedural hurdles must not be resorted to cause further hardship and injustice. The goal is upliftment and not finding out ways to reject them at the very threshold," it said.
The bench said it was inclined to give the appellant a one-time relaxation to appear for medical examination.
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“In case the appellant successfully qualifies the medical examination conducted in terms of Para (18) and satisfies the parameters as per the extant rules, as applicable at the time of initial recruitment, we further direct the respondents to create a supernumerary post for appointment of the appellant," it said.
The appellant would be entitled to continuity of service from the date the last selected candidate joined pursuant to the selections held against the advertisement, it added. PTI ABA ABA AMK AMK
Source: News18
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