Supreme Court bars hereditary public jobs; upholds equal opportunity under Articles 14 and 16.
APPOINTMENT TO PUBLIC POSTS NOT BY HEREDITY
Case in News
Appointment to public posts not by heredity ruled by Supreme Court in Bihar chaukidar recruitment case.
Case Overview
Case Name – BIHAR RAJYA DAFADAR CHAUKIDAR PANCHAYAT (MAGADH DIVISION) vs. STATE OF BIHAR AND OTHERS
A significant ruling by the Supreme Court of India on Public Employment held that appointments to public posts cannot be made on a hereditary basis. A Bench of Justice Dipankar Datta and Justice Manmohan upheld the decision of the Patna High Court which struck down Rule 5(7)(a) of the Bihar Chaukidari Cadre (Amendment) Rules, 2014 as unconstitutional for violating Article 14 of Indian Constitution and Article 16.
Key Aspects
- The case challenged a provision permitting retiring chaukidars to nominate dependent kin.
- The Patna High Court invalidated the provision by stating violation of equal opportunity principles.
- The appellant Panchayat contested this judgment in the Supreme Court.
- Several precedents were cited including the case of Gazula Dasaratha Rama Rao v. State of Andhra Pradesh.
Legal Insights
- Article 14 of the Indian Constitution ensures equality before the law.
- Article 16 of the Indian Constitution guarantees equal opportunity in public employment.
- The Supreme Court reiterated that public jobs must follow due process : open advertisement, fair selection and merit-based appointment.
- Hereditary or succession based appointments amount to backdoor entries and violate principles of the constitution.
- Compassionate or special category appointments are narrow exceptions.
Court’s Verdict
The Supreme Court of India rejected the appeal and affirmed that public employment must be based solely on merit and equality. Hereditary succession in Public Employment was ruled unconstitutional by upholding Article 14 and Article 16 of Indian Constitution .
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