SC: On insufficiency of candidates, relaxation cannot be claimed as a right

The Hon’ble Supreme Court, on 17th April 2020, in the matter of Dr. Thingujam Achouba Singh & Ors. v. Dr. H. Nabachandra Singh & Ors. etc. pronounced while it is open for the employer to notify criteria for relaxation when sufficient candidates are not available, at the same time nobody can claim such relaxation as a matter of right.

The Hon’ble Supreme Court observed:

It is true that in a public institution, rules are required to be made available, but at the same time not notifying to public at large cannot be the ground to invalidate the notification, in the absence of any provision to that effect in the Bye-Laws of the Society or the Rules and Regulations. (Para 13)

While it is open for the employer to notify criteria for relaxation when sufficient candidates are not available, at the same time nobody can claim such relaxation as a matter of right. The eligibility criteria will be within the domain of the employer and no candidate can seek as a matter of right, to provide relaxation clause. (Para 14)

Copy of judgement: Judgement_17_Apr_2020

-Adv. Tushar Kaushik

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