Introduction:

In a significant ruling, the Indore Bench of the Madhya Pradesh High Court has once again addressed the issue of public employment selection policies, particularly the controversial ‘First Come First Serve’ policy. The case, Vivek Dwivedi Versus Union of India Ministry of Jal Shakti Department Of Water Resources River Development And Ganga Rej And Others (Writ Petition No. 39755 of 2024), saw the court’s scrutiny of an advertisement issued by the Ministry of Jal Shakti Department of Water Resources, which invited applications for a water auditing training course on a first-come-first-serve basis. The court, headed by Justice Subodh Abhyankar, emphasized that such a policy is inherently flawed and could not be allowed in matters of public employment and selection for important training programs.

Arguments:

The petitioner, Vivek Dwivedi, challenged the advertisement issued by the Ministry of Jal Shakti, arguing that the ‘First Come First Serve’ policy was not only flawed but also contrary to established principles of fairness and merit-based selection in public employment. The petitioner highlighted that this approach had already been deprecated by the Supreme Court in Centre for Public Interest Litigation and Others Vs. Union of India and Others and contended that the select list of candidates based on this policy should be quashed. The petitioner further urged the court to direct the respondents to follow a merit-based approach in selecting candidates for the training course and to reconsider the selection in accordance with legal provisions.

In defense, the counsel for the Ministry argued that the advertisement had been issued on October 15, 2024, and applications were to be received within a short window of fifteen days. Training for the selected candidates commenced on December 2, 2024, and ended on January 10, 2025. As the petitioner filed the writ petition on December 10, 2024—after the training had already started—the respondent’s counsel claimed that the petition had become infructuous. Furthermore, the respondents argued that the First Come First Serve policy had been followed within the framework of the advertisement and that it did not infringe upon any legal or procedural norms.

Court’s Judgment:

After carefully considering the arguments from both sides, Justice Subodh Abhyankar noted that the petitioner’s contention regarding the flawed nature of the First Come First Serve policy held merit. The court pointed out that this policy, especially when applied to public employment or training programs with significant implications for future employment, is inherently unfair and lacks transparency. The Court observed that such an approach places undue emphasis on the speed of application submission rather than the actual qualifications, skills, or merit of the candidates. In this regard, the Court cited the Supreme Court’s disapproval of similar policies, reinforcing that public selection processes must prioritize merit and fairness, ensuring equal opportunity for all applicants.

Despite acknowledging the completion of the training, the court refrained from quashing the advertisement or the select list at this stage, as the training process had already been concluded. However, the Court issued a clear directive to the Ministry of Jal Shakti, advising it not to employ the First Come First Serve policy for future water auditing training programs or any similar public employment-related programs. The Court stressed the importance of revising the selection process to align with established principles of fairness, merit, and transparency.

The Court’s direction to abandon the First Come First Serve policy in future training programs reflects its commitment to upholding a just and merit-based approach in public employment. In light of these observations, the petition was disposed of without any further interference, as the training had already been completed, but with the caveat that future processes must follow a more equitable and transparent selection procedure.

Conclusion:

The Madhya Pradesh High Court’s decision to quash the ‘First Come First Serve’ policy used in the selection process for water auditing training marks a significant development in the domain of public employment. The Court’s ruling reiterates the need for transparency, fairness, and merit-based selection processes, stressing that policies which prioritize speed over merit are inherently flawed. This ruling ensures that public employment opportunities, especially those impacting crucial sectors like water resources, are allocated based on qualifications rather than arbitrary selection criteria. The decision sets a vital precedent for future recruitment and training programs, ensuring that they are governed by principles that prioritize equal opportunity, fairness, and merit.