The Enforcement Directorate Thursday conducted searches against some of the "main vendors" operating on platforms of e-commerce giants Amazon and Flipkart as part of a foreign direct investment "violation" investigation, official sources said. A total of 19 premises of these "preferred" vendors located in Delhi, Gurugram and Panchkula (Haryana), Hyderabad (Telangana) and Bengaluru (Karnataka) were covered as part of the action, the sources said. It is learnt that the ED inspected documents and took copies of some from the premises of about six such vendors who were not named. The sources said a probe has been initiated by the federal agency under the provisions of the Foreign Exchange Management Act (FEMA) after it received several complaints against the two large e-commerce companies where it is alleged that they were "violating India's FDI (foreign direct investment) rules by directly or indirectly influencing the sale price of goods or services and not providing level playing field for all the vendors". There was no immediate response from the two e-commerce companies. The Confederation of All India Traders (CAIT) welcomed the ED action. "The CAIT, along with several other trade bodies, has been raising these issues for the past few years. I welcome the Enforcement Directorate's actions as a step in the right direction," CAIT secretary general and BJP MP from Delhi Praveen Khandelwal said in a statement. He claimed that the Competition Commission of India (CCI) had also issued "penalty notices" to Amazon and Flipkart, and their "preferred" sellers, for "engaging" in anti-competitive practices that have adversely affected small traders and 'kirana' (grocery) stores. As per existing rules, 100 per cent FDI is allowed through automatic route in the marketplace model of e-commerce. But overseas investment is not permitted in an inventory-based model. In the market place model, e-commerce entities can only provide a platform for third-party sellers and they cannot own the inventory. They also cannot directly or indirectly influence the price of the goods. It has been reported in the past that the CCI, which works to ensure fair business practices across sectors in the marketplace, is already looking into alleged anti-competitive ways of e-commerce companies. The CAIT and mainline mobile retailers' association AIMRA had also petitioned the CCI sometime back seeking immediate suspension of operations of Flipkart and Amazon as they alleged that the companies engaged in predatory pricing and were burning cash to offer heavy discounts on products . These practices, in turn, are creating a grey market of mobile phones, causing losses to the exchequer "as players in the grey market evade taxes", they had said.Commerce and Industry Minister Piyush Goyal had recently flagged the same concerns as he had questioned Amazon's announcement of USD 1 billion investment in India, saying the US retailer was not doing any great service to the Indian economy but filling up for the losses it had suffered in the country. He had said in August that their huge losses in India "smells of predatory pricing", which is not good for the country as it impacts crores of small retailers. Goyal said e-commerce companies were eating into the small retailers' high-value, high-margin products that are the only items through which the mom-and-pop stores survive. The minister had said that with the fast-growing online retailing in the country, "are we going to cause huge social disruption with this massive growth of e-commerce". Khandelwal said that the CAIT has urged the CCI and the ED to protect the businesses of small traders. "In the new Bharat, led by Prime Minister Narendra Modi Ji, no one is above the law. I am hopeful that now the law will take its rightful course and protect the livelihoods of small shopkeepers. "This government is committed to ensuring that no entity can harm the trading community. In response to multiple complaints filed by the trading community regarding FDI violations and the anti-competitive practices of quick-commerce companies such as Blinkit, Swiggy, and Zepto, we urge both the CCI and the ED to take swift action and prevent any further, irreparable damage to the businesses of small traders," he said in the statement. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
07 November,2024 10:49 PM IST | New Delhi | PTIKarnataka government has prohibited its employees from smoking cigarettes and consuming any tobacco products inside government offices and premises. The circular issued by the Department of Personnel and Administrative Reforms (DPAR) to this effect has warned of disciplinary action against those violating. "Consumption of tobacco products in government offices and office premises, despite statutory warnings against it, has come to the attention of the government. In this background, in the interest of the health of the staff and to protect the public and government employees from passive smoking, it is completely prohibited for any government employee to consume any tobacco products, including smoking in government offices and office premises," the circular said. A warning board in this regard shall be displayed at suitable places at offices, it said. Disciplinary action shall be taken against any government employee found smoking or consuming any tobacco products (gutka, paan masala, etc.) in the office or office premises in violation of these instructions, it added. Smoking and consumption of other tobacco products are harmful to health and consumption of such products in public areas is completely prohibited under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, the circular noted. Rule-31 of the Karnataka State Civil Service (Conduct) Rules, 2021 also prohibits consumption of any intoxicating drink or intoxicating substance in a public place, it further pointed out. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
07 November,2024 10:41 PM IST | Bengaluru | PTIIndia on Thursday said Canada blocked an Australian media outlet hours after it broadcast the press conference of External Affairs Minister S Jaishankar and his Australian counterpart Penny Wong. External Affairs Ministry spokesperson Randhir Jaiswal said the Canadian action of blocking the social media handles and certain pages of Australia Today smacked of "hypocrisy" towards freedom of speech. "We understand that the social media handles, pages of this particular outlet, which are important diaspora outlets, have been blocked and are not available for viewers in Canada. This happened just an hour or few hours after this particular handle carried the press conference of EAM Dr S Jaishankar with Penny Wong," Jaiswal said in response to a question at the weekly media briefing. "We were surprised. It looks strange to us. But nonetheless, what I say is that these are actions which yet again highlight the hypocrisy of Canada towards freedom of speech," the external affairs ministry spokesman said. He said Jaishankar, in his media interactions in Australian capital Canberra, had spoken about the allegations levelled against India by Canada without sharing any specific evidence. "You would have seen that the External Affairs Minister, in his media engagements, spoke about three things. One was Canada making allegations and a pattern has developed without any specific evidence," he said. The spokesperson said the second thing he highlighted was surveillance of Indian diplomats happening in Canada, which he termed as unacceptable. "The third thing which he highlighted was the political space which has been given in Canada to anti-India elements. So you can draw your conclusions from that, why the Australia Today channel was blocked by Canada," Jaiswal said. Jaishankar is visiting Australia from November 3-7 during which he and Wong held a joint press briefing in Canberra, and the Indian external affairs minister also fielded questions on the Brampton temple incident and the overall escalation in diplomatic row between India and Canada. Describing the Hindu temple incident in Brampton as "deeply concerning", Jaishankar on Tuesday had said it told in a way the "political space" which is being given to "extremist forces" in Canada. Responding to a query during his joint press briefing with Wong, he had also accused Ottawa of developing a "pattern of making allegations without providing specifics". In Canada's Brampton, protestors carrying Khalistani flags clashed with people at the Hindu Sabha temple and disrupted a consular event co-organised by the temple authorities and the Indian Consulate. Jaiswal, in his comments, recalled the remarks made by Jaishankar in Canberra to reiterate India's stand on the ongoing diplomatic standoff. "We condemn the attack on the temple in Brampton, and we have called upon the Canadian government to uphold the rule of law and to bring to justice the people who perpetrated the violence. We hope that the Canadian government will take due action," the MEA spokesperson said. On reports of cancelling of consular camps in Toronto, he said, "Yes, you would have seen the message posted by our consulate in Toronto that they had to cancel the consular camp that they were planning to organise over the weekend, because they didn't get adequate security or security assurance from the host government." That was the reason these consular camps have been cancelled, he said. Jaiswal highlighted that there is a large Indian diaspora in Canada, and many of these people in the month of November-December need several documentation for continuation of their pension and several others activities in India, and these camps are useful for both Indian nationals or people of Indian-origin there. "But, I do understand that in other parts of Canada, such as Vancouver, these consular camps will be conducted. These camps happen at the request of the community organisations," he said. Asked if security was sought by the Indian side, the MEA spokesperson said, "We had asked for security to be provided for our diplomats where our consular camps are to be held, and these have not been provided by the Canadian side." On whether threat to diplomatic and consular staff in Canada have increased, he said, "threats have increased". Their surveillance is totally unacceptable, as mentioned by the Indian external affairs minister in Canberra. And, India has taken up the matter "very strongly", Jaiswal said. This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever
07 November,2024 10:37 PM IST | New Delhi | PTIFour people were killed and three others were injured in a major car-tempo collision in Maharashtra's Latur district, the officials said on Thursday, reported the PTI. In the accident, a 55-year-old woman, her two daughters and a granddaughter were killed after their car collided with a tempo in Maharashtra's Latur district on Thursday, an official said. The accident, which took place around 3.15 pm on the Nanded-Bidar highway in Udgir tehsil in Latur district, also left three others injured, he said. According to the PTI, the victims have been identified as Mangalbai Govindrao Jadhav, Pratibha Sanjay Bhande (30), Pranita Pandurang Biradar (25), and her granddaughter and Ananya Ranjit Bhande (14), the official said. Jadhav and her family members from Ekurka Road were on their way to Udgir for shopping when their car and a tempo coming from the opposite direction collided near the Maruti Mandir Ghat, the official said, as per the PTI. Three more persons also suffered injuries and are being treated at the government hospital in Udgir, he said, adding that the Vadhwana police are in the process of registering a case. It was immediately not known in which vehicle the injured were travelling at the time of the accident. Truck mows down youth Meanwhile, in an another incident, a young man died after allegedly being hit by a truck driven by a drunk man in Chaitanyeshwar Nagar area in Nagpur district of Maharashtra on Wednesday evening, police said, as per the PTI. Following the incident, angry locals caught hold of the driver and beat him up before handing him over to the police, the officials said. The driver was later identified as Vishnu Dhakulkar who was placed under arrest by the police, they said. The deceased was identified as Vivek Vijayrao Rananawre who was a student. The police said that Vivek Rananaware was sitting on a motorcycle near his house when the truck hit him. He fell on the road and got crushed under the rear wheels of the truck that led to his death, said officials of Wathoda police station, the news agency reported. (with PTI inputs)
07 November,2024 07:16 PM IST | Latur | mid-day online correspondentCongress leader Jairam Ramesh criticised Maharashtra's Deputy Chief Minister Devendra Fadnavis on Thursday over his remarks against party leader Rahul Gandhi. Jairam Ramesh stated that Fadnavis must "think first and then speak", reported the ANI. Ramesh took to X (formerly Twitter) to respond to Fadnavis's accusation that Gandhi was showing a "red book" to gain support from "urban naxals." Devendra Fadnavis is getting desperate. He accuses Rahul Gandhi of showing a " red book" to seek support from so-called "urban naxals".This book which Mr. Fadnavis is taking objection to is the Constitution of India, of which Dr. Babasaheb Ambedkar was the main architect. This… pic.twitter.com/CUN14YKNbL — Jairam Ramesh (@Jairam_Ramesh) November 7, 2024 "He accuses Rahul Gandhi of showing a 'red book' to seek support from so-called 'urban naxals'. This book which Fadnavis is taking objection to is the Constitution of India, of which Dr. Babasaheb Ambedkar was the main architect. This is the very same Constitution of India that the RSS had attacked in November 1949 as not having been inspired by Manusmriti. It is the very same Constitution of India that the non-biological PM wants to be replaced," said Jairam Ramesh in a post on X. Ramesh said that Devendra Fadnavis should know that the foreword of this “red book” was written by K.K. Venugopal, one of India's most distinguished legal personalities who served as Attorney General of India from 2017 to 2022. "As far as 'Urban Naxals' is concerned, the Union Home Ministry told Parliament on February 9th, 2022, and March 11th, 2020, that the Government of India does not use the term! Fadnavis should think first and then speak," the Congress leader added. Earlier on Thursday, Devendra Fadnavis had accused LoP Rahul Gandhi of disloyalty to the Constitution, referencing Rahul Gandhi's 'Samvidhan Sammelan' event in Maharashtra on Wednesday, ahead of the Maharashtra Assembly election 2024. Fadnavis said, "Rahul Gandhi's disloyalty for the Constitution of India was seen yesterday. The accusation I made turned out to be true. He doesn't want to glorify the Constitution with the Red Book but he did this drama to warn and seek help from the urban naxals and anarchists who are with him. He is insulting the Constitution every day. Congress insulted Dr B R Ambedkar, and insulted the Constitution. Now no one will forget their tricks." The controversy comes from Rahul Gandhi carrying a copy of the Constitution at an event in Nagpur where he advocated for a caste census. This political exchange occurs in the lead-up to the Maharashtra state elections, scheduled for November 20, with results to be announced on November 23. (With inputs from ANI)
07 November,2024 06:01 PM IST | New Delhi | mid-day online correspondentBJP leaders strongly criticised Congress, Jammu and Kashmir National Conference and alliance parties on Thursday for a resolution brought forward in the assembly regarding the restoration of Article 370, reported news agency ANI. The move sparked controversy and was deemed "illegal and unconstitutional" by BJP representatives. Smriti Irani, a BJP leader and former union minister, expressed her outrage during a press conference in Delhi. Irani stated, "Today, I stand as an Indian outraged at the attempt by the Congress-led INDI alliance to bring to the floor of the House a resolution that is against the Indian Constitution. A resolution that stands against the Indian Constitution and the opinion of the Supreme Court of India." Irani further questioned the INDIA bloc’s stance on various issues, said, "The resolution brought by the INDI alliance led by Congress brings to the fore many questions. Does it stand against the rights of Dalits, tribals, children and women?... Congress leadership, particularly the Gandhi family, needs to answer - do they stand for terrorism and stand against the development of J&K? Do they stand against the Constitution of India." In Jammu and Kashmir, BJP leader Ravinder Raina on Thursday accused the alliance government of siding with terrorists and separatists. He declared the resolution on Article 370 both illegal and unconstitutional. The People's Democratic Party (PDP) introduced a new resolution seeking to restore Articles 370 and 35A in the Jammu and Kashmir Assembly. The proposed resolution read, "The house strongly condemns the unconstitutional and unilateral abrogation of Article 370 and Article 35A, along with the enactment of the Jammu and Kashmir Reorganisation Act, 2019, by the Government of India. These actions stripped J-K of its special status and statehood, undermining the foundational guarantees and protections originally according to the region and its people by the Constitution of India." Earlier on Thursday, the assembly session was marked by tension and disruption in J-K assembly. BJP MLAs, led by Opposition Leader Sunil Sharma, objected to Awami Ittehad Party MLA Khurshid Ahmad Sheikh displaying a banner on Article 370. The incident led to a scuffle in the well of the house, prompting the speaker to intervene and order the marshals to remove members who crossed limits. (With inputs from ANI)
07 November,2024 05:01 PM IST | Srinagar, Jammu and Kashmir | mid-day online correspondentMaharashtra Deputy Chief Minister Ajit Pawar has condemned adverse remarks made against his uncle and NCP (SP) chief Sharad Pawar by ruling Mahayuti legislator Sadabhau Khot, and said such comments will not be tolerated, reported news agency PTI. As the remarks sparked a row ahead of the November 20 state polls, Khot, the founder of Rayat Kranti Sanghatana and an ally of the ruling Mahayuti in the state, in a video message on Thursday expressed his apology and said he takes back his comment if has hurt anyone's sentiments. During a public rally on Wednesday at Jath in Sangli district, where senior BJP leader and Deputy CM Devendra Fadnavis was in attendance, Khot made comments on the health condition of senior Pawar, sparking criticism from both factions of the NCP, reported PTI. Objecting to Khot's comments, Ajit Pawar, who broke ranks with Sharad Pawar last year and joined the Eknath Shinde-BJP government, in a post on X on Wednesday said the remarks were condemnable and inappropriate and will not be tolerated. Speaking to reporters in Pune on Thursday, Ajit Pawar stated, "Whatever he (Khot) said was highly condemnable and connotes 'vinash kale viprit buddhi' (a person thinks adversely when his destruction is around)," reported PTI. Former state chief minister Yashwantrao Chavan had shown the values of how to behave in political life, and how to not cross a limit while speaking about rivals in politics. A similar tradition was later carried forward by other chief ministers, he noted, reported PTI. "The remarks made by Khot are highly condemnable and I have already condemned it," the deputy CM said, reported PTI. Ajit Pawar also said he called Khot over the phone and registered his displeasure over the statement. "I told him that nobody liked your remarks about Pawar Saheb. I told him that making personal remarks about someone is not our method. I also told him that it must not happen against Pawar saheb or any leader, irrespective of any party," he said, reported PTI. There are differences of opinion between politicians but while expressing them, a balance should be maintained, Ajit Pawar said, reported PTI. The NCP leader further said Khot has ensured such things will not be repeated. Khot, in a video message, said he did not speak purposefully about anyone's physical condition. "It is colloquial lingo in rural areas and some people misconstrued my remarks, but if someone's sentiments have been hurt, I take back my words and express an apology," he said. (With inputs from PTI)
07 November,2024 02:43 PM IST | Pune | mid-day online correspondentDonald Trump's victory in the US presidential election could significantly impact the global energy outlook, reported news agency ANI. Trump, known for his advocacy of domestic energy independence, is expected to boost US oil and natural gas production, potentially exerting downward pressure on global crude oil prices. Trump's policies could lead to a correction in crude prices, as he is likely to keep them under tight control by increasing domestic production. His emphasis on energy self-reliance is expected to reduce US dependence on foreign oil sources, thereby affecting global supply and pricing dynamics. Additionally, Trump's non-interventionist approach to foreign conflicts could help stabilise oil prices by allowing conflicts to de-escalate more quickly. However, potential volatility could arise if Trump imposes new sanctions on Iran, a measure that could disrupt oil supplies from the region, stated ANI. Donald Trump's influence on the energy sector could lead to lower crude prices, though external factors will play a significant role. However, around 11:40 am on Thursday, Brent Crude prices had surged 0.65 per cent to $75.41 per barrel. Beyond energy, Trump's policies are expected to be expansionary, potentially increasing the US fiscal deficit and national debt. This rise in US debt is anticipated to positively impact gold prices, as investors may turn to safe-haven assets in response to heightened debt levels and potential inflationary pressures. ANI stated that Gold is already experiencing high demand in China, adding further support to its value. Despite some arguments against gold due to reduced volatility in equity markets, a stronger dollar, and a potential "risk-on" rally in equities, gold's fundamentals remain strong. It also reiterates a positive outlook on silver, which could benefit from economic uncertainty and increased demand for safe-haven investments. However, it's worth noting that on Thursday, the Gold prices had declined to Rs 78,710 per 10 gm, down from Rs 80,500 on Wednesday. (With inputs from ANI)
07 November,2024 02:39 PM IST | New Delhi | mid-day online correspondentNCP (SP) chief Sharad Pawar on Thursday said the people of Maharashtra want a change and the opposition Maha Vikas Aghadi (MVA) will work towards giving them that alternative after the upcoming Maharashtra assembly elections 2024, reported news agency PTI. Pawar also backed Congress leader Rahul Gandhi's demand for a caste census in the country. The former Union minister was speaking to reporters at the Nagpur airport ahead of his public meetings in Nagpur in connection with the Maharashtra assembly elections 2024. The MVA comprises the NCP (SP), Congress and Uddhav Thackeray's Shiv Sena (UBT). Talking about his campaigning, Pawar said, "We feel that the people of Maharashtra want a change and we need to work towards giving them confidence. And working towards that, me and all my associates are reaching out to the people across Maharashtra from today," reported PTI. Rahul Gandhi, during his visit to Nagpur on Wednesday, said a caste-based census will happen and that his party will also "break the wall of 50 per cent" reservation limit. Asked about it, Pawar said, "I would tell the stand of my party, we have been demanding a caste census for last three years. Caste census should be conducted as it would bring the actual facts before the country," reported PTI. "Prima facie, it seems the caste census would help in facilitating the decision on increasing the reservation limit. The picture will become clear after the census is completed. Besides, the reservation percentage will also have to be increased if what Rahul Gandhi is saying happens," he said. With the Maharashtra Assembly elections 2024 approaching, political campaigning is gaining momentum across the state. The opposition MVA coalition, comprising Congress, Shiv Sena (UBT), and the Nationalist Congress Party (SCP), aims to reclaim power in the state, challenging the Mahayuti alliance, which includes Eknath Shinde-led Shiv Sena, the Bharatiya Janata Party (BJP), and Ajit Pawar-led NCP. In the upcoming Maharashtra Assembly elections 2024, the Baramati constituency in Maharashtra will again witness a family battle as NCP leader Ajit Pawar will face his nephew Yugendra Pawar. He is the son of Ajit Pawar's younger brother Shrinivas Pawar. Earlier, Baramati witnessed a high-profile battle in the 2024 Lok Sabha elections, when Sunetra Pawar contested against Supriya Sule. The latter won the contest by 1.5 lakh votes. The Maharashtra Assembly elections 2024 will take place on November 20, with the counting of votes for all 288 constituencies set for November 23. In the 2019 Maharashtra assembly elections, the BJP won 105 seats, Shiv Sena secured 56, and Congress 44. In 2014, the BJP won 122 seats, Shiv Sena 63, and Congress 42. (With inputs from PTI)
07 November,2024 02:06 PM IST | Nagpur | mid-day online correspondentThe Supreme Court on Thursday exercised its extraordinary constitutional powers and ordered the liquidation of grounded air carrier Jet Airways' assets, reported news agency PTI. A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra set aside the National Company Law Appellate Tribunal (NCLAT) decision upholding the resolution plan of Jet Airways and approved the transfer of its ownership to Jalan Kalrock Consortium (JKC), reported PTI. Pronouncing the judgement for the bench, Justice Pardiwala allowed the plea of SBI and other creditors against the NCLAT decision that upheld the resolution plan of Jet Airways in favour of JKC. It said the liquidation of the air carrier was in the interest of creditors, workers and other stakeholders. The bench rapped NCLAT for its decision. The top court used its powers under Article 142 of the Constitution which gives it the power to make orders and decrees to ensure complete justice in any matter or cause pending before it, reported PTI. The NCLAT on March 12 upheld the resolution plan of the grounded air carrier and approved the transfer of its ownership to JKC. The SBI, Punjab National Bank (PNB) and JC Flowers Asset Reconstruction Private Limited have challenged the NCLAT verdict. In January this year, the Supreme Court ordered JKC, the successful resolution professional bidder for the cash-strapped airline, to deposit Rs 150 crore in an escrow account jointly held by the State Bank of India and JKC, reported IANS. It had cautioned that legal consequences would follow if the JKC failed to furnish the bank guarantee. It had also asked the NCLAT to decide by the end of March 2024 on the lenders' plea challenging the ownership of the grounded Airways to JKC, reported IANS. The consortium had undertaken an infusion of Rs 350 crore equity per the court-approved resolution plan to assume ownership of Jet Airways, reported IANS. A three-member bench of the NCLAT had agreed to an adjustment of Rs 150 crore from the Performance Bank Guarantee (PBG) towards the payment of Rs 350 crore, reported IANS. The appellate tribunal had also accepted an undertaking given by the consortium committing to pay Rs 100 crore by August 31 last year and another Rs 100 crore by September 30, 2023. Due to severe financial distress, Jet Airways, once one of India's largest and most popular airlines, entered the corporate insolvency resolution process under the Insolvency and Bankruptcy Code (IBC) in June 2019. (With inputs from PTI and IANS)
07 November,2024 01:30 PM IST | New Delhi | mid-day online correspondentIn an important ruling having a bearing on the recruitment process, the Supreme Court on Thursday held that 'rules of the game' for appointment in government jobs cannot be changed midway unless the procedure permits so, reported news agency PTI. A five-judge Constitution bench headed by Chief Justice D Y Chandrachud said recruitment process commences from the issuance of advertisement calling for applications and ends with filing up of vacancies. "Eligibility criteria for being placed in the select list notified at the commencement of the recruitment process can't be changed midway through the recruitment process unless the extant rules so permit or the advertisement which is not contrary to the extant rules so permit," the bench said, reported PTI. The bench, also comprising Justices Hrishikesh Roy, P S Narasimha, Pankaj Mithal and Manoj Misra, unanimously held if change of criteria is permissible under the extant rules or advertisement, it would have to meet the requirement of Article 14 (right to equality) of the Constitution and satisfy the test of non-arbitrariness, reported PTI. "Recruiting bodies subject to the extant rules may devise appropriate procedure for bringing the recruitment process to its logical end provided the procedure so adopted is transparent, non-discriminatory, non-arbitrary and has a rationale nexus to the object sought to be achieved," Justice Misra said while pronouncing the verdict, reported PTI. The bench said that extant rules having statutory force are binding on the recruiting bodies both in terms of procedure and eligibility. "Placement in the select list gives no indefeasible right to appointment. The state or its instrumentality for bona fide reason may choose not to fill up the vacancy," it said, reported PTI. However, the bench clarified if vacancies exist, the state or its instrumentality cannot arbitrarily deny appointment to persons who are in the zone of consideration in the select list. The top court said that if the extant rules or the advertisement provides for setting of benchmarks for different stages of recruitment process and if any such benchmark is set, the same should be stipulated before the commencement of the recruitment process, reported PTI. "But if the extant rules or the advertisement inviting application empowers the competent authority to set benchmarks at different stages of the recruitment process, then such benchmarks may be set anytime before that stage is reached so that neither the candidates nor the evaluator/examiner/interviewer is taken by surprise," the bench said, reported PTI. The top court answered a question related to appointment criteria for government jobs referred to it by a three-judge bench in March 2013. Referring to a 1965 verdict, the three-judge bench had said it was a salutary principle not to permit the state or its instrumentalities to tinker with the 'rules of the game' insofar as the prescription of eligibility criteria was concerned. "Whether such a principle should be applied in the context of the 'rules of the game' stipulating the procedure for selection more particularly when the change sought is to impose a more rigorous scrutiny for selection requires an authoritative pronouncement of a larger bench of this court," the three-judge bench had said, reported PTI. (With inputs from PTI)
07 November,2024 01:21 PM IST | New Delhi | mid-day online correspondentADVERTISEMENT
