On what grounds may an Appointing Authority decline to appoint a candidate recommended by a Public Service Commission?

The Appointing Authority may decline appointment where a bona fide change in government policy raises the standard of competence required, where the selection process is vitiated by illegalities such as fraud, manipulation, nepotism or rigging, or where verification of documents reveals the candidate is not in fact eligible. In every such case, the burden lies on the Appointing Authority to show that there were proper reasons to reject the recommendation.

Chhattisgarh State Universities Service Rules, 1983 — Rule 10 — Constitution of India — Art. 315, 320 — Public Service Commission — Indefeasible right to appointment — Verification of eligibility — Constitution of India — Public Service Commission — No indefeasible right — Held: Selection and recommendation by a Public Service Commission confers a right to fair, non-arbitrary consideration for appointment, not an indefeasible right to be appointed. The Appointing Authority retains discretion, but it must rest on lawful, non-arbitrary grounds. ('43, 45) Service Rules, 1983 — Rule 10 — Finality of eligibility decision — Held further: Where a statutory rule attaches finality to the Commission's decision on eligibility, verification by the Appointing Authority is confined to document genuineness or a patent, demonstrable deficiency; it cannot undertake an exhaustive de novo reassessment. ('55, 57, 61) Service Law — Grounds for declining recommendation — Held further: An Appointing Authority may decline a recommended candidate for a bona fide policy change, illegality vitiating selection, or a patent ineligibility on verification, recording its reasons. None being proved here, the appeal is allowed. ('46, 68, 69)

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