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Consider the following statements regarding the 'Union Public Service Commission':
1. Consultation of UPSC is not mandatory for the government while dealing with matters of personnel management.
2. A selection by the UPSC through competitive exams does not confer any right to the post upon the candidate.
Which of the statements given above is/are correct?
1. Consultation of UPSC is not mandatory for the government while dealing with matters of personnel management.
2. A selection by the UPSC through competitive exams does not confer any right to the post upon the candidate.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Verified Answer
Consider the following statements regarding the Union Public Service C...
• The Supreme Court has held that if the government fails to consult UPSC in the matters of personnel management, the aggrieved public servant has no remedy in a court. In other words, the court held that any irregularity in consultation with the UPSC or acting without consultation does not invalidate the decision of the government. Thus, the provision is directory and not mandatory. Hence statement 1 is correct.
• The court has also held that a selection by the UPSC does not confer any right to the post upon the candidate. Success in the examination does not confer indefeasible right for appointment unless the Govt.(Department of Personnel & Training) is satisfied. There may be an inquiry with regard to the character & antecedents to check suitability to all respects for appointments to the service. However, the government is to act fairly and without arbitrariness or mala fide. Hence statement 2 is correct.
• The court has also held that a selection by the UPSC does not confer any right to the post upon the candidate. Success in the examination does not confer indefeasible right for appointment unless the Govt.(Department of Personnel & Training) is satisfied. There may be an inquiry with regard to the character & antecedents to check suitability to all respects for appointments to the service. However, the government is to act fairly and without arbitrariness or mala fide. Hence statement 2 is correct.
Most Upvoted Answer
Consider the following statements regarding the Union Public Service C...
Statement 1: Consultation of UPSC is not mandatory for the government while dealing with matters of personnel management.
Statement 2: A selection by the UPSC through competitive exams does not confer any right to the post upon the candidate.
Explanation:
1. Consultation of UPSC is not mandatory for the government while dealing with matters of personnel management: This statement is incorrect. The Union Public Service Commission (UPSC) is a constitutional body responsible for recruiting candidates for various civil services and posts in the government of India. The UPSC acts as an independent and impartial body, and its recommendations are binding on the government. The government is required to consult the UPSC on all matters related to recruitment, appointment, promotion, and disciplinary matters concerning civil servants. The UPSC plays a crucial role in ensuring transparency, fairness, and meritocracy in the recruitment process.
2. A selection by the UPSC through competitive exams does not confer any right to the post upon the candidate: This statement is correct. The selection process conducted by the UPSC, which includes competitive exams and interviews, determines the merit and suitability of candidates for a particular post. However, it does not guarantee an automatic appointment to the post. The final decision regarding the appointment lies with the government. The UPSC provides a list of recommended candidates based on their performance in the exams, but the government has the discretion to accept or reject these recommendations. The government may consider various factors, such as reservation policies, availability of vacancies, and other relevant criteria, before making the final appointment.
Conclusion: In conclusion, statement 1 is incorrect as consultation of UPSC is mandatory for the government while dealing with matters of personnel management. Statement 2 is correct as a selection by the UPSC through competitive exams does not confer any right to the post upon the candidate. Therefore, the correct answer is option 'C' - Both 1 and 2.
Statement 2: A selection by the UPSC through competitive exams does not confer any right to the post upon the candidate.
Explanation:
1. Consultation of UPSC is not mandatory for the government while dealing with matters of personnel management: This statement is incorrect. The Union Public Service Commission (UPSC) is a constitutional body responsible for recruiting candidates for various civil services and posts in the government of India. The UPSC acts as an independent and impartial body, and its recommendations are binding on the government. The government is required to consult the UPSC on all matters related to recruitment, appointment, promotion, and disciplinary matters concerning civil servants. The UPSC plays a crucial role in ensuring transparency, fairness, and meritocracy in the recruitment process.
2. A selection by the UPSC through competitive exams does not confer any right to the post upon the candidate: This statement is correct. The selection process conducted by the UPSC, which includes competitive exams and interviews, determines the merit and suitability of candidates for a particular post. However, it does not guarantee an automatic appointment to the post. The final decision regarding the appointment lies with the government. The UPSC provides a list of recommended candidates based on their performance in the exams, but the government has the discretion to accept or reject these recommendations. The government may consider various factors, such as reservation policies, availability of vacancies, and other relevant criteria, before making the final appointment.
Conclusion: In conclusion, statement 1 is incorrect as consultation of UPSC is mandatory for the government while dealing with matters of personnel management. Statement 2 is correct as a selection by the UPSC through competitive exams does not confer any right to the post upon the candidate. Therefore, the correct answer is option 'C' - Both 1 and 2.
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Consider the following statements regarding the Union Public Service Commission:1. Consultation of UPSC is not mandatory for the government while dealing with matters of personnel management.2. A selection by the UPSC through competitive exams does not confer any right to the post upon the candidate.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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Consider the following statements regarding the Union Public Service Commission:1. Consultation of UPSC is not mandatory for the government while dealing with matters of personnel management.2. A selection by the UPSC through competitive exams does not confer any right to the post upon the candidate.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about Consider the following statements regarding the Union Public Service Commission:1. Consultation of UPSC is not mandatory for the government while dealing with matters of personnel management.2. A selection by the UPSC through competitive exams does not confer any right to the post upon the candidate.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Consider the following statements regarding the Union Public Service Commission:1. Consultation of UPSC is not mandatory for the government while dealing with matters of personnel management.2. A selection by the UPSC through competitive exams does not confer any right to the post upon the candidate.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?.
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