Camus Recruitment By Public Sector Is Unlawful And Unconstitutional

SC trashes Central Bank plea against HC ruling- Times of India 26th August 2013

Prafulla Marpakwar, TNN | Aug 25, 2013, 05.46 AM IST

MUMBAI: The Supreme Court has dismissed a special leave petition filed by the Central Bank of India against the Bombay high court's landmark order against recruitment on the basis of campus interviews. "We see no reason to interfere. The special leave petition is dismissed," observed Justice H L Gokhale and J Chelameswar in their one-page order on August 19.

On April 1, a division bench of the Bombay HC, comprising justices A M Khanvilkar and Mrudula Bhatkar, had held as illegal the Central Bank of India's practice of offering jobs on the basis of campus interviews. The HC had observed that bank's recruitment policy, which allows campus recruitment\interview method for appointment of officers against permanent vacancies on regular basis, was illegal and unconstitutional.It had directed the bank to forbear from making any appointments against permanent vacancies on regular basis through campus recruitment\interview mechanism in the future. Further, the HC had made it clear that all such appointments against permanent vacancies would be non-binding and bad in law.

"We hold that in the matter of public employment, as per constitutional scheme, the mandate is to invite applications from all eligible persons by giving wide publicity, without exception. The fact that other state instrumentalities have resorted to campus interview mode of appointment in the past can be no basis to legitimize that process which inevitably tramples the fundamental rights of otherwise qualified and eligible citizens to be considered for the public posts along with similarly placed persons," Justice Khanvilkar had remarked.

The HC had pointed out that the argument of liberalization, autonomy or competition with private sector, tapping of candidates from specialized field or better qualified candidates through campus recruitment could be no basis to uphold the impugned action of the bank. In fact, in several cases, the SC had held that in matter of public employment, it should be done only by inviting applications from the public at large by giving wide publicity and issuing public advertisements. The HC had refused to accept the bank's contention that candidates selected through campus interviews were class apart and utilizing their expertise could help compete and match the performance of private and foreign banks.

The original petition before the HC was filed by a section of post-graduate management students, challenging the bank's recruitment policy.

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