From the formation of the state till the last assembly, the rules were grossly violated in the appointments in the assembly secretariat. Apart from bypassing the provisions of reservation, the competent authorities did not check the educational qualification and other qualifications of the selected candidates and gave appointment on the basis of deviation.
In compliance of the order passed in the Public Interest Litigation filed in the High Court, an affidavit of more than 450 pages has been filed by the Assembly Secretariat. In which it is clearly said that the appointments were made bypassing the objections of the Personnel Department and Finance Department, as well as the people sitting on important posts in the government issued orders for appointment and salary.
People involved in the government showed a lot of generosity:
Referring to the report of the inquiry committee attached in the affidavit filed by the Vidhan Sabha, it has been said that appointments were made in 2016, 2020 and 2021, in which a detailed procedure for recruitment including formation of selection committee, inviting applications, competitive examinations etc. The procedure is laid down, but none of the procedures laid down in the rules have been followed. The Department of Personnel had objected to such appointments. As a result the appointments were illegal and were quashed appropriately.
Rule-7 of the Rules of 2011 provides for reservation for Scheduled Castes, Scheduled Tribes, Other Backward Classes and other categories as per the prevalent orders of the Government, the provisions of Rule-7 have not been followed while making appointments. For making appointments, it is necessary to check educational and other qualifications with the competent authorities, which was not done. Rules of 2011 Rules-NAI provides for educational and other qualifications. Rules 11 to 14 of the 2011 Rules provide for various other eligibility criteria including age, character, marital status and physical capacity.
Quoting the Supreme Court order:
A Supreme Court order has been specifically mentioned in the affidavit. In which it has been said that the rule of law is the basic feature of the constitution. No authority is above the law and no individual is above the law. Article 13(2) of the Constitution provides that no law can be made which is contrary to the fundamental rights conferred by the Constitution. The main objective of Article 13 is to secure the supremacy of the Constitution, especially with regard to fundamental rights. Along with the legal doctrine of the “rule of law” and reminiscent of the famous words of the English jurist, Henry de Bracton, that the king is not subject to a person but to God and the law. No one is above the law. No matter how high you are, the law is above you. Applies to everyone, irrespective of his status, religion, caste, creed, gender or culture. Constitution is the supreme law. All the institutions being created under the constitution, be it legislature, executive or judiciary, cannot ignore it. The exercise of powers by any authority cannot be uncontrolled or autocratic because the constitution sets limits for every authority and therefore, no one, however great he may be, has the right to exercise power beyond the purpose for which he is entitled. The powers should be exercised within the framework of the constitution and legislative provisions.
396 appointments made from 2001 to 2021:
Nainital: According to the affidavit, a total of 396 appointments including 53 in 2001, 28 in 2002, 18 in 2004, 21 in 2006, 27 in 2007, maximum 149 in 2016, 72 in 2021 have been made in the Assembly Secretariat, based on service rules are not. According to the petitioner Abhinav Thapar, the government acted in a biased manner and gave jobs to the close ones keeping the rules in mind, due to which the unemployed and educated youth were cheated. Illegal appointments till 2021 should be canceled since the formation of the state.
