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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

Rajasthan High Court Questions Examination Agency Selection Process for Pollution Control Board Vacancies

Rajasthan High Court Questions Examination Agency Selection Process for Pollution Control Board Vacancies

Introduction:

In the case of Narpat Surela v. State of Rajasthan & Connected Matters, the Rajasthan High Court scrutinized the selection process conducted by the State Pollution Control Board for filling vacancies in various posts. Justice Sameer Jain presided over the single-judge bench and raised concerns regarding the choice of the Institute of Banking Personnel Selection (IBPS) as the examination agency instead of the Rajasthan Public Service Commission (RPSC). The Court also questioned the adherence to transparency and fairness norms in the recruitment process.

Arguments:

The petitioner candidates challenged the recruitment process, arguing that the selection of IBPS over RPSC lacked justification and violated transparency norms. They contended that essential safeguards laid down by the Supreme Court in the case of Harkirat Singh Ghuman v. Punjab & Haryana High Court & Ors were not followed, particularly regarding the publication of model answer keys and inviting objections. The respondents, represented by the State Pollution Control Board, justified the selection of IBPS, citing exceptional circumstances under Section 31(h) of the Rajasthan Transparency in Procurement Process Act (RTTP Act).

Court’s Judgment:

The Rajasthan High Court emphasized the importance of transparency and adherence to legal provisions in recruitment processes. Justice Sameer Jain questioned the deviation from established norms and the lack of specific reasons for bypassing RPSC in favor of IBPS. The Court instructed the Pollution Control Board to provide detailed reasons for choosing IBPS and to explain the absence of model answer keys, as mandated by the Supreme Court. Furthermore, the Court sought clarification on whether the provisions of the RTTP Act were duly followed, highlighting the need for transparency in administrative actions.