The Supreme Court of India recently ruled that job advertisements for public employment that do not specify the number of available posts are invalid and illegal due to a lack of transparency. This landmark decision reaffirms the importance of fair recruitment processes in government job postings.
"The advertisements which fail to mention the number of posts available for selection are invalid and illegal due to lack of transparency,"
the Court observed, referencing its earlier ruling in Renu v. District and Sessions Judge, Tis Hazari Courts, Delhi (2014).
The Court emphasized that valid public job advertisements must include:
The total number of vacancies.
The ratio of reserved and unreserved seats.
The minimum qualifications required.
The detailed selection process, including written exams and interviews.
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A Supreme Court bench, comprising Justice Pankaj Mithal and Justice Sandeep Mehta, ruled against the Jharkhand High Court’s 2010 recruitment process for Class IV employees. The process was deemed unconstitutional as it failed to specify the number of available posts and lacked clear reservation provisions.
"It is imperative that the State must specifically mention the total number of reserved and unreserved seats. If the State does not intend to provide reservation, it must justify this with quantifiable data," the Court stated.
The Court annulled the entire recruitment drive, stating that:
Lack of Transparency – The advertisement did not disclose the number of vacancies.
Violation of Constitutional Rights – It failed to comply with Articles 14 and 16 of the Constitution, which ensure equality in public employment.
Irregularities in Selection – Candidates were appointed without following the established recruitment norms.
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The Supreme Court highlighted a precedent in State of Karnataka v. Umadevi, which held that appointments violating statutory rules are legally void.
"Any appointment made in violation of statutory rules or Articles 14 and 16 of the Constitution is null and void in law," the Court reiterated.
The ruling mandates that all future government job advertisements must:
Clearly state the number of vacancies.
Maintain transparency in the selection process.
Ensure compliance with reservation policies.
Adhere strictly to constitutional principles.
The Supreme Court not only invalidated the 2010 recruitment process but also directed the Jharkhand government to issue a fresh advertisement that complies with legal and constitutional mandates.
"The respondent-State shall issue a fresh advertisement in compliance with the constitutional mandate within six months and provide suitable age relaxation for affected candidates," the Court ruled.
