No.AB-14017/11/2019-Estt.(RR)(3147397)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel and Training
Estt(RR) Section
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Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel and Training
Estt(RR) Section
***
North Block, New Delhi
Dated: 15 July, 2019
Dated: 15 July, 2019
OFFICE MEMORANDUM
Subject: Procedure to be followed in cases of disagreement on Recruitment Rules – regarding.
The undersigned is directed to state
that as per extant instructions, the process of framing/amending of
Recruitment Rules for a post involves consultation with DoPT,
UPSC and thereafter vetting by the Legislative Department. As per
established procedure, the Administrative Ministries/Departments frame
service rules/recruitment rules or propose amendments thereof, based
mainly on the model RRs or instructions issued by DoPT from time to time
and refer them to DoP&T for concurrence. After the receipt of
concurrence from DoPT, the Ministries/Departments refer proposals to
UPSC for advice. After receipt of concurrence of UPSC, with the approval
of Competent Authority, RRs are finally notified, after vetting by the
legislative Department.
2. UPSC brought certain instances to the
notice of this Department, where post the advice of Commission, RRs
have been notified incorporating substantial changes in the recruitment
rules/service rules (RRs/SRs). without obtaining the concurrence of the
Commission, which is not in order. On consideration of the matter, it
has been decided that if substantial changes are effected in the RRs
after the receipt of advice of UPSC, the same shall be brought to the
notice of UPSC by the administrative Ministry for obtaining their
advice/concurrence on the same. Non-adherence to this procedure may
result in the case being treated as a case of disagreement with the
Commission, and therefore administrative Ministries have to take a
conscious decision in this regard. Substantial changes referred here are
those changes having a bearing on the principles of recruitment, viz.,
change in the method of recruitment, eligibility criteria etc and does
not include vetting changes made by the Legislative Department, spelling
or grammatical corrections.
3. In light of the foregoing, all
Ministries/Departments are requested to refer the proposals back to UPSC
for concurrence in cases where administrative Ministry/Department,
after the receipt of advice of the Commission, want to carry out any
change/s in the draft RRs/SRs, which is/are substantial in nature. All
Ministries/Departments are requested to adhere to these instructions.
(K Prakasham )
Under Secretary to the Government of India
Tel: 23094254
Signed CopyUnder Secretary to the Government of India
Tel: 23094254