Karnataka High Court calls for periodical recruitment in public employment

'It becomes more imperative when the evil of unemployment is plaguing our system. An argument to the contrary, if countenanced, would render a large chunk of eligible youths aspiring for public employment, age-barred', the bench observed.

Bengaluru: The time has come to tell that in the realm of public employment, recruitment process has to be undertaken periodically with a fair degree of regularity, the Karnataka High Court has said while dismissing a writ appeal filed by the Life Insurance Corporation (LIC).

"It becomes more imperative when the evil of unemployment is plaguing our system. An argument to the contrary, if countenanced, would render a large chunk of eligible youths aspiring for public employment, age-barred. Their curse would fall on all branches of the system. That is not a happy thing to happen, in a Welfare State," a division bench comprising Justice Krishna S Dixit and Justice Vijaykumar A Patil said.

The corporation had challenged the February 14, 2024 order of the single bench directing it to appoint within two months, one Saurabh from Dharwad, whose name was in an empanelled list of candidates who have applied for the post of Assistants. The LIC contended that such a direction cannot be issued in service matters.

The division bench noted that the validity period of the selection list being two years and some of notified vacancies still existing, candidates remaining in the selection list need to be considered for appointment. The court further observed that Saurabh, who was the petitioner before the single bench, too is in the waiting list.

“LIC being an instrumentality of State under Article 12 of the constitution has to conduct itself as a model employer and not as a private entity acting upon its own whims and fancies. When such a public entity holds to the candidates in the fray a particular standard which it would abide by in the recruitment process, it is liable to adhere to the same as a matter of public policy, regardless of the statutory backing therefore,” the bench said.

The bench said there has been heart-burn in the younger generation, legitimately aspiring for public employment, that the recruitment process is not periodically undertaken.

"Men are mortal and life is short. There is something called the ‘aging process’ that spares none. This needs to be kept in view by the authorities.. A large chunk of educated youths cannot be deprived of the opportunity of public employment, which is constitutionally guaranteed. Article 23 of the Universal Declaration of Human Rights, 1948 provides that we shall have the right to employment, to be free to choose our work, and to be paid a fair salary that allows us to live and support our family."