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The Supreme Court has declared that the exercise of the power of relaxation of the Recruitment Rules cannot be done if the existence of such power is not mentioned in the advertisement. Exercising the power of relaxation without informing candidates about the existence of such power would be detrimental to the interests of others who did not have the certificate and did not participate in the selection process.
In the advertisement issued in connection with the hiring for the post of Technician Grade-2 (Apprenticeship Electrical) in Uttar Pradesh Power Corporation, it has been mentioned that the production of the production of Course on Computer Concept (CCC) certificate given by the Department of Electronics Accreditation of Computer Courses (DOEACC)), at the time of interview was mandatory.
Given that a large number of candidates who participated in the interview could not present the DOEACC certificate, the Chairman and Managing Director of the U.P. Power Corporation took a decision to allow candidates without a DOEACC certificate to participate in the interviews, as long as they present the certificate within a period of three months.
This relaxation on the part of the Corporation was questioned before the High Court, alleging that the relaxation of the Rule could not be made after the selection process had begun and that this effort had meant changing the rules of the game halfway.
Although the single bench rejected the contention, the division bench, in their writ appeal, held that the relaxation of the Rule was inadmissible because relaxation was not mentioned in advertising.
By accepting the view of the High Court mentioned above, the Apex Court bench observed: "We are in respectful agreement with the above judgment of this Court. The exercise of the power of relaxation without informing the candidates about the existence of such power would be detrimental to the interests of others who did not possess the certificate and did not take part in the selection process. We are unable to accept the submission that selection is on the basis of the performance of the candidates in the written test and interview and that the DOEACC certificate is not an essential requirement. The Rule, as well as the advertisement, provide for submission of the certificate at the time of the interview, compulsorily. The Rule further provides for the production of the certificate as an additional requirement for selection. The above stipulation in the Rule, as well as the advertisement, cannot be ignored."
The bench also confirmed the High Court's conclusion in favour of the candidates who submitted their certificate before March 28, 2012.
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