Question

Assertion (A): A selection by the SPSC does not confer any right to the post upon the candidate.
Reason (R): The function of the SPSC is purely advisory, and the government is the ultimate appointing authority which must act fairly and without arbitrariness.

• A. Both (A) and (R) are true, and (R) is the correct explanation of (A).
• B. Both (A) and (R) are true, but (R) is not the correct explanation of (A).
• C. (A) is true, but (R) is false.
• D. (A) is false, but (R) is true.

Answer 1

Answer:

A. Both (A) and (R) are true, and (R) is the correct explanation of (A).

State Public Service Commissions (SPSCs)

• The State Public Service Commissions (SPSCs) are constitutional bodies established under Part XIV of the Indian Constitution, specifically dealt with in Articles 315 to 323.

• Their primary role is to ensure a fair and merit-based recruitment process for various state government services.

• SPSCs conduct examinations and interviews for appointment to state services and advise the government on matters related to recruitment, transfers, promotions, and disciplinary actions concerning civil servants.

Advisory Nature of SPSC Recommendations

• The functions of the SPSC, including its recommendations for selection, are largely advisory in nature. This means their advice is not legally binding on the state government.

• Article 320 of the Constitution details the functions of Public Service Commissions, emphasizing their consultative role in service matters.

• The government is generally expected to accept the recommendations of the SPSC, but it retains the discretion to reject them for valid and cogent reasons.

• This advisory characteristic implies that a mere selection or recommendation by the SPSC does not automatically confer an indefeasible right to the post upon the candidate.

Government as the Ultimate Appointing Authority

• The ultimate appointing authority for state government posts is the respective state government, not the SPSC.

• The SPSC's role is to prepare a selection list of suitable candidates and recommend them to the government. The final decision to appoint rests with the executive government.

• However, the government's power to reject a recommendation is not absolute or arbitrary. It must act fairly, reasonably, and in accordance with the principles of natural justice and service rules.

• Rejections must be based on justifiable grounds, such as a reduction in the number of vacancies, a change in policy, or adverse reports against the candidate (e.g., during character verification).

• This system ensures a balance: an independent body (SPSC) ensures impartiality in selection, while the executive government maintains control over administrative appointments, subject to judicial review against arbitrariness.

• Therefore, the selection by the SPSC is an essential step in the recruitment process, but it is the government's formal appointment that finalizes the candidate's right to the post.