UNION PUBLIC SERVICE COMMISSION versus GIRISHJAYANTILAL VAGHELA AND ORS

Citation: [2006] 1 S.C.R. 1006 · Decided: 02-02-2006 · Supreme Court of India · Bench: K.G. BALAKRISHNAN · Disposal: Appeal(s) allowed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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UNION PUBLIC SERVICE COMMISSION 
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GIRISH JA YANTI LAL VAGHELA AND ORS 
FEBRUARY 2, 2006 
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[K.G. BALAKRISHNAN AND G.P. MATHUR, JJ.] 
Central Civil Service (Classification, Control and Appeal) Rules-
Rule 2(h)-Relaxation of Upper Age limit-Entitlement of-Respondent 
c appointed on contract basis for a short period at a fIXed salary de hors the 
recruitment rules--Claimed relaxation of upper age limit provided for by the 
rules for Government servants--Held. since the appointment was purely 
contractual, he has not acquired the status of Government servant-Hence, 
not eligible for any relaxation in upper age limit for Government servants. 
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Constitution of India, 1950-Article 16--objecl and scope of-Held 
object is to create a constitutional right to equality of opportunity and 
employment in public office-It covers not merely the initial appointment but 
also other attributes of service like promotion and age of superannuation, 
etc. 
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Articles 311, 309--Civil Post, Concept of and conditions of Service-
Test for determining whether a person is a holder of civil post under Union 
or state-Discussed-Conditions of service determined by statutory rules. 
Articles 16, 309 and 311-Government Employment-Whether 
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contractual-Held. employment under the Government is a matter of status 
F and not a contract-Rights and obligations are determined by the statutory 
rules and not by contract. 
Respondent No.I was appointed as Drugs Inspector in 1996 on short 
term contract basis on a fixed salary for a period of six months from the date 
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of joining or till the date the candidate selected by lJPSC joined duty on regular 
basis, whichever was earlier. His appointment was renewed after every six 
months with short breaks and it continued for over live years. An advertisement 
was issued by the lJPSC in 2001 for making regular selection to the post of 
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Drugs Inspector. As per rules, upper age limit for making direct recruitment 
is 30 years, relaxabie for Government servants up to five years. Respondent 
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1006 
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UNIO~ PUBLIC SERVICE COMMISSION ,._GIRISH JAYANT! LAL VAGHELA 
J 007 
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had become over-age by two years at the time when advertisement was issued. A -_ 
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His application to the Administrator for issuing him an age relaxation 
certificate was refused. UPSC cancelled the candidature of respondent. The 
contract appointment given to him came to an end and it was not extended any 
further. His application to Tribunal was dismissed on the ground that since 
his appointment was made only on short term contract basis de hors the B 
recruitment rules, he was not a Government servant and was, therefore, not 
eligible for relaxation in upper age limit. The Bombay High Court allowing 
the wrir petition of respondent, directed the Administrator to issue an age 
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relaxation certificate to him. Hence the appeal by UPSC to this Court. 
Allowing the appeal, the Court 
HELD : 1.1. Rule 2(h) of Central Civil Service (Classification, Control 
and Appeal) Rules, define a Government servant. As per this Rule a person 
who is a member of service or holds a civil post under the Union or the State 
Government is a Government servant. (1013-G, H; 1014-AJ 
1.2. Article 16 which finds place in Part III of the Constitution relating 
to fundamental rights provides that there shall be equality of opportunity for 
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all citizens in matters relating to employment or appointment to any office 
under the State. The main object of Article 16 is to create a constitutional 
right to equality of opportunity and employment in public office. The word 
"employment" or "appointment"_cover not merely the initial appointment but E 
also other attributes of service like promotion and age of superannuation etc. 
The appointment to any post under the State can only be made after a proper 
advertisement has been made inviting applications from eligible candidates 
and holding of selection by a body of experts or a specially constituted 
committee whose members are fair and impartial through a written F 
examination or interview or some other rational criteria for judging the inter 
se merit of candidates who have applied in response to the advertisement made. 
A regular appointment to a post under the State or Union can not be made 
without issuing advertisement in the prescribed manner which may in some 
cases include inviting applications from the employment exchange where 
eligible candidates get their names registered. Any regu

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