Online edition of India's National Newspaper
Thursday, Nov 15, 2007
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Online edition of India's National Newspaper Thursday, Nov 15, 2007 ePaper |
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Tamil Nadu
“It is not for courts to decide what should be relevant criteria” CHENNAI: Framing rules for recruitment or conditions of service is a legislative function of the State and it is not for the courts to decide as to what should be the relevant criteria for recruitments, the Madras High Court has said. Justice K. Chandru, dismissing two writ petitions that sought to alter the rules framed by the Government so as to render the petitioners eligible to be considered for the posts, said: “Framing of rules under Article 309 of the Constitution is considered to be a legislative function and the power of the court to make amendments to such rules…would amount to interference with such legislative function of the State. “So long as the rule framed by the State in terms of Article 309 of the Constitution is not violative of Articles 14 (equality), 15 (discrimination) and 16 (equal opportunity in public employment) of the Constitution, the power of the court for a judicial review is very limited,” the Judge said. In the first petition, a group of 19 Village Assistants from Nagapattinam and Tiruvarur districts challenged the validity of a recent notification for the direct appointment of Village Administrative Officers in Tamil Nadu. Stating they lacked promotional avenues, the petitioners sought to be treated as a feeder category and promoted as VAOs. They wanted the court to declare unconstitutional the impugned notification that confined the method of recruitment of VAOs to direct recruitment by the Tamil Nadu Public Service Commission. Rejecting the prayer, Mr. Justice Chandru said that in the absence of a feeder category, the court could not go into the issue under Article 226 of the Constitution. The second petition wanted the authorities to set both Tamil and English question papers for the History subject of the District Educational Officer examination, to be held in January 2008. Dismissing the petition, the Judge said, “The State Government being the employer, who is competent to prescribe any qualification for a post, and the present post is one of direct recruitment…it is not for this court to decide as to what should be the relevant criteria for recruitment to any post.”
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