Observing that appointments to all public bodies must solely be based on “talent,” the Bombay High Court has denied relief to a group of lower cadre employees of the Brihanmumbai Municipal Corporation (BMC) seeking to be absorbed into the workforce against the existing vacancies for clerks.
Matter of transparency
A bench of Justices S.C. Dharamadhikari and Bharati Dangre recently held that since the BMC was a public body, it was required to maintain transparency and the highest standard of work. Thus, it would gain more by employing candidates with “more calibre, and fresh blood and vigour,” through fresh selection procedures from time to time, the court said.
The bench was hearing a plea filed by 15 Grade IV employees of the BMC. As per the petitioners, the BMC issued a circular in 2011, advertising vacancies for clerks. The eligible candidates were to take an examination, and had to secure minimum qualifying marks of 40 out of 100.
Since the petitioners met the eligibility criteria, they decided to appear for the exam as well. However, while the BMC had around 329 vacancies, 475 applicants secured 40 marks. The BMC decided to hire only those who had secured 49 marks and above, disqualifying those who had scored between 40 and 48.
The petition
In 2014, a reply to an RTI query revealed that the BMC still had vacant clerk positions. Subsequently, 15 of those who had lost out on the job in 2011 approached the High Court, asking that they be appointed as they had qualified in the exam.
The BMC opposed their demand, saying that since 2011 it had made many changes to the eligibility criteria and the minimum qualifying marks for appointment as clerks. The BMC’s counsel, Anil Sakhre, said the validity of a merit list was only for a year, and that the corporation had decided to conduct fresh examinations to fill the new vacancies.
Mr. Sakhre said some of those who had lost out on the job in 2011 had appeared for subsequent exams, secured higher marks and even got appointments to better posts in the BMC.
‘Merit list no guarantee’
The bench said previous Supreme Court judgements established that merely making it to a qualifying or merit list did not grant one the right to employment. “We are unable to accept the contentions advanced by the petitioners that by clearing a written examination and securing minimum marks, they have the right of being appointed,” it said.
