Delay in preparing special rules may hit PSCs recruitment process

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Follow us:WhatsappFacebookTwitterTelegram.cls-1{fill:#4d4d4d;}.cls-2{fill:#fff;}Google NewsThe Government’s decision on revising qualification for various Government jobs and its failure to prepare special rules as required by law are likely to land the entire recruitment process in jeopardy.It was on last month that the Kerala Administrative Tribunal (KAT), which considered a complaint by a prospective candidate for Secretariat Assistant post that the government had not prepared the special rule after the revision of the qualifications for the post of last grade service, lower division clerk, lower division typist, typist grade-II, confidential assistant grade-II, assistant (secretariat, PSC, Local Fund Audit Department) etc.Following the adverse observations by the KAT, the PSC has decided not to go for the notification under the revised qualification. Instead, it issued the notification inviting applications for the Secretariat Assistant post, based on the old eligibility criteria.It may be noted that the government has not made any Special Rules since 1985.If some one had approached the court challenging the PSC in issuing notification for the recruitment in the absence of Special Rules, it would have quashed the recruitment.An official in the P&ARD Department, who does not want to disclose identity, said that the PSC had no right to take suo motto action as it was the government’s duty to prepare the Special Rules.“An executive order cannot be placed above a statutory order. It is the government’s obligation to prepare the Special Rules,” the official said. Appointments to the post of police constable, fire force, forest guards, forester etc. will be affected in the absence of special rules, he pointed out.The government is following the style of issuing executive orders with the rider that the amendment to the relevant Special Rules shall be issued separately.first published:January 01, 1970, 05:30 ISTlast updated:January 01, 1970, 05:30 IST
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The Government’s decision on revising qualification for various Government jobs and its failure to prepare special rules as required by law are likely to land the entire recruitment process in jeopardy.

It was on last month that the Kerala Administrative Tribunal (KAT), which considered a complaint by a prospective candidate for Secretariat Assistant post that the government had not prepared the special rule after the revision of the qualifications for the post of last grade service, lower division clerk, lower division typist, typist grade-II, confidential assistant grade-II, assistant (secretariat, PSC, Local Fund Audit Department) etc.

Following the adverse observations by the KAT, the PSC has decided not to go for the notification under the revised qualification. Instead, it issued the notification inviting applications for the Secretariat Assistant post, based on the old eligibility criteria.

It may be noted that the government has not made any Special Rules since 1985.

If some one had approached the court challenging the PSC in issuing notification for the recruitment in the absence of Special Rules, it would have quashed the recruitment.

An official in the P&ARD Department, who does not want to disclose identity, said that the PSC had no right to take suo motto action as it was the government’s duty to prepare the Special Rules.

“An executive order cannot be placed above a statutory order. It is the government’s obligation to prepare the Special Rules,” the official said. Appointments to the post of police constable, fire force, forest guards, forester etc. will be affected in the absence of special rules, he pointed out.

The government is following the style of issuing executive orders with the rider that the amendment to the relevant Special Rules shall be issued separately.