Cancellation of exam justified due to systemic fraud: SC

SC upheld Delhi government's 2016 decision to cancel Tier-I and Tier-II examinations held for recruitment to the post of Head Clerk

The Supreme Court on Wednesday said if the recruitment to public employment stood vitiated as a consequence of systemic fraud or irregularities, the entire process would become illegitimate, justifying cancellation of examinations.

A bench of Justices D Y Chandrachud and M R Shah said the requirement that a public body must act in fair and reasonable terms animates the entire process of selection. "Recruitment to public services must command public confidence. Persons who are recruited are intended to fulfil public functions associated with the functioning of the government. Where the entire process is found to be flawed, its cancellation may undoubtedly cause hardship to a few who may not specifically be found to be involved in wrong-doing," the bench said.

"But that is not sufficient to nullify the ultimate decision to cancel an examination where the nature of the wrong-doing cuts through the entire process so as to seriously impinge upon the legitimacy of the examinations which have been held for recruitment," the bench added.

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The top court upheld Delhi government's decision of March 15, 2016, to cancel the Tier-I and Tier-II examinations held for recruitment to the post of Head Clerk. It allowed an appeal by Delhi Subordinate Service Selection Board against the court's judgement setting aside the decision to cancel the recruitment examinations.

The court pointed out that irregularities were not confined to acts of malpractice or unfair means on the part of a specific group of persons. On the contrary, the report of a committee found deficiencies of a systemic nature like non-issuance of hard copies of admit cards, shortlisting of candidates belonging to a certain geographical area, lack of randomisation in the examination centres, among others, which cast serious doubts on the legitimacy of the entire process of recruitment.

In its judgement, the bench said, "The constitutional values which undergird Articles 14 and 16 mandate that selection processes conducted by public authorities to recruit have to be fair, transparent and accountable."

However, all too often, human fallibility and foibles intrude into the selection processes. Selection involves intense competition and there is no dearth of individuals who try and bend the rules to gain an unfair leap in the race, the court added.