Selection Procedure Prescribed Through Executive Valid If It Doesn’t Conflict With Rules: SC [Read Judgment]

The Supreme Court, in Karnati Ravi vs Commissioner Survey Settlements and Land Records, has held that in the matter of selection and appointment, instructions pertaining to the procedure of selection can be provided by the Executive as long as they do not come in conflict with the rules.

A bench comprising Justice Kurian Joseph and Justice R Banumathi held that such executive instructions can rule the field even if they are not prescribed under the rules as the Executive is empowered to do so by virtue of power conferred to it under Article 162 of the Constitution of India.

In the instant case, physical endurance test was not a test prescribed under the Rules in the selection for appointment as deputy surveyor. Some aspirants, who participated in the said test, could not qualify the same, and they later challenged the said executive instructions on the ground that the said test, being not a part of the rules, was invalid.

The bench observed that having participated in the selection without any objection, they cannot later challenge the procedure.

“In the absence of the Rules, it is well within the powers of the Executive under Article 162 of the Constitution to provide for the required instructions with regard to the procedure for selection, so long as they do not come in conflict with the Rules,” it held.