Backdoor appointments in Social Welfare department.

3rd August, 2015

As part of its social commitment, the ACAUT Nagaland is putting forth in public domain the RTI replyreceived from Social Welfare Department. Between the years 2010 and 2015, 3 (three) CDPOs, 1 Chief Instructor, 1 Superintendent, 1 Research Officer, 2 Probation Officers, 29 Supervisors, 2 Care Takers and 1 Matron were appointed through 'Direct Recruitment' by the department without routing the posts to NPSC for notification, and open examination thereof. In other words, 40 precious appointments to various posts were made through backdoor, thus, depriving qualified candidates of livelihood opportunity. As per the Supreme Court judgment, State of Bihar Vs Chandeshwar Pathak, the terminology "Backdoor appointment" applies to all appointments, even AD-HOC, made without advertisement or due selection process and therefore, the term is an accepted legal terminology. (The table attached includes some of the NPSC notified posts arbitrarily filled up by the department under doubtful circumstances).

Thus, between 2010 and 2015, only 8 posts were filled up through NPSC and the rest 40 through backdoor in the ratio 1:5. While the SW Department has furnished intra- departmental correspondence letters issued by it to the Secretary, SWD, requesting the latter to requisition posts to the NPSC for conduct of exams, the department has not been able to furnish any copy of letters written by the Secretary, SWD, to the NPSC for the same as demanded by ACAUT in its RTI application (point no. 5).Also, as per the RTI query no. 2 (d), it clearly mentions that the SWD should furnish copies of advertisements, if any, for the posts to be filled which it could not. Therefore, the ACAUT is compelled to conclude that SWdepartment has not requisitioned the 40 posts to the NPSC till date. However, irrespective of the requisition process, any Ad-hoc/contract appointment sans advertisement, a due selection process and the finality of an open competitive examination to be conducted by NPSCwill inerrantly fall under the ambit of backdoor appointment and terminable ex-parte.

ACAUT Nagaland.

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