What defects in a public recruitment process go to its root so as to invalidate it?

Where the posts were not properly advertised, so as to prevent or deny eligible candidates from applying, that is a fundamental flaw violative of Articles 14 and 15 of the Constitution. So too where the mode of recruitment was marked by fraud or manipulation or any such vitiating act on the part of the candidates and recruiting authority, or where the recruiting authority considered ineligible candidates. The recruitment process itself must be transparent, fair and non-arbitrary.

Primary Cooperative Marketing-cum-Processing Societies Ltd. Staff Service Rules, 2003 — rr.3, 14(a), 15 and 35 — Haryana Cooperative Societies Act, 1984 — s.36 — Constitution of India — Arts. 14 and 15 — Public employment — Curable defect — Severability of recruitment stages — Service Rules, 2003 — r.3 — Absence of the non-elected official members — Effect on validity — Held: The presence and concurrence of the Assistant Registrar, Inspector of Cooperative Societies and District Manager, HAFED under Rule 3 is salutary, their role being essentially supervisory. Even where made compulsory, their absence will not render the appointments illegal. (¶58) Service Rules, 2003 — r.3 — Recruitment in three stages — Severability — Held further: A recruitment process splits into three stages — advertisement, the manner of recruitment, and the final appointment. The third stage is severable, and a defect there does not vitiate the earlier two, which a reconvened Board may not reopen. (¶56, 60, 64) Constitution of India — Arts. 14 and 15 — Defect going to the root of the recruitment — Held further: A defect goes to the root only where the posts were not properly advertised, denying eligible candidates the chance to apply, where the mode of recruitment was marked by fraud or manipulation, or where ineligible candidates were considered. (¶53) Service Rules, 2003 — r.3 — Rectification by a reconvened Board — Past service counted — Held further: Infraction of Rule 3 being curable and not fatal, the Board shall reconvene with the official members present; if found eligible the appellants are re-appointed with past service counted, without arrears. Appeal allowed. (¶62, 66)

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