UPSC and Civil Services

Choose the Correct Answer

Correct Answer : Option d

Explanation
Statement 1 is not correct. The Supreme Court in Union of India v. C.K. Soni (1992) has held that if the government fails to consult UPSC in the matters (mentioned above), 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.

Statement 2 is not correct. The Supreme Court in "Union Public Service Commission vs. Mohinder Singh & Ors." (1994) held that a selection by the UPSC does not automatically confer a right to the post on the candidate. Even if a candidate is selected by the UPSC, the final appointment is at the discretion of the government, and the candidate has no inherent right to the position. However, the government is to act fairly and without arbitrariness or mala fides

Statement 3 is correct. The UPSC submits an annual report on its performance to the President, who then presents it to both Houses of Parliament. If the government rejects the UPSC's advice, a memorandum is provided explaining the reasons. Such rejections must be approved by the Appointments Committee of the Union Cabinet, and individual ministries cannot reject UPSC advice independently.