The Indore Bench of the Madhya Pradesh High Court recently addressed the contentious issue of the 'First Come First Serve' policy in public employment, particularly in the context of a training program for Water Auditors initiated by the Ministry of Jal Shakti, Department of Water Resources. Justice Subodh Abhyankar presided over the case, which scrutinized the legality and fairness of this policy in the recruitment process.
The petitioner challenged an advertisement issued by the Ministry, which invited applications for a water auditing training course on a 'First Come First Serve' basis. This training was a prerequisite for appointment as a Water Auditor. The petitioner contended that this approach was inherently flawed and discriminatory, arguing that it favored applicants who had quicker access to information and resources, thereby compromising the principles of fairness and equal opportunity in public employment.
In support of this argument, the petitioner's counsel referenced the Supreme Court's judgment in the case of Centre for Public Interest Litigation and Others vs. Union of India and Others. In that case, the Supreme Court criticized the 'First Come First Serve' policy, highlighting its potential to lead to arbitrary and unfair outcomes. The counsel urged the High Court to quash the advertisement and the subsequent selection list, advocating for a merit-based selection process that aligns with constitutional principles.
The respondents defended their approach by stating that the advertisement was published on October 15, 2024, with a 15-day application window. They noted that the training commenced on December 2 and concluded on January 10. They argued that the petitioner filed the writ petition on December 10, after the training had already begun, rendering the petition untimely and disruptive to the ongoing process.
Upon reviewing the arguments, Justice Abhyankar acknowledged the petitioner's concerns regarding the fairness of the 'First Come First Serve' policy. He concurred that such a policy is inherently flawed and unsuitable for public employment, as it can lead to arbitrary selection and undermine the merit-based principles enshrined in the Constitution. However, considering that the training had already been completed, the Court deemed it impractical to annul the advertisement and the selection process at that stage.
Consequently, while the Court refrained from invalidating the completed process, it issued a directive to the Ministry of Jal Shakti, Department of Water Resources, prohibiting the future use of the 'First Come First Serve' policy in public employment and training programs. The Court emphasized that recruitment and training in public employment should be conducted through transparent, merit-based methods to ensure fairness and equal opportunity for all applicants.
This judgment reinforces the judiciary's commitment to upholding constitutional values in public employment practices. It serves as a reminder to governmental bodies that policies must align with principles of equality and non-discrimination, ensuring that all individuals have a fair chance to compete for public positions based on merit rather than the speed of application submission.
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