Mohit Sah
in Administrative Law
Asked August 19, 2017

Challenging Government's notification for recruitment

  • 1 Answer
  • 541 Views

I am looking for legal advice for recruitment rule of gov of India. There is a notification for job vacancies on which MCA educational qualification is not considered Here are the details of notification and OM and group policy in link below https://drive.google.com/open?id=0B8fmG-sIc5E7YVNQcENkcURnWWs

Answer 1

According to Article 309 of the Constitution, the Central and State Government have the power to formulate laws or pass legislations for appointment to public services and posts. The proviso of Article 309 gives the President and the Governor the power to make rules regarding the recruitment and conditions of Service until an Act or a legislation is passed.

There are several examples of this. The  Coal Controller‘s Organization (Group ‗B‘ and ‗C‘ posts) Recruitment Rules, 2004 governs the recruitment of workers in the Coal Controller Organizer. Therefore you cannot challenge the present job vacancy notification unless it is discriminatory on the grounds of Article 15(religion, race, caste, sex or place of birth) or infringes your right. The Government has the discretion to formulate educational criteria according to the job requirement.

Agree Comment 0 Agrees about 4 years ago

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