Ateet Bansal vs. Union Of INDIA And Ors.

Held

The Court disposed of the writ petition with observations. Regarding the first issue, the Court noted the Office Memorandums issued by the Department of Personnel and Training (DoPT) making it mandatory for all Government Departments/Organisations to post vacancies on the National Career Service (NCS) Portal. Finding that requisite directions had already been issued, the Court saw no reason to further monitor the petition for directions to post vacancies on a national portal. The Court stated that if any department breaches these directions, the Union of India can address it. Regarding the second issue concerning GST exemption on application fees, the Court observed that the quantum of fees for Grade III and IV posts is relative and can be argued as exorbitant by some. The Court stated that as and when an individual case raising the issue of exorbitant fees comes before it, it can be decided. Similarly, regarding delayed results, the Court held that it cannot give general directions unless a specific case is brought by an aggrieved party. The Court indicated that decisions on such matters would be taken on a case-by-case basis after considering the fee quantum, post nature, department, and hearing stakeholders. The Court did not expressly leave any issue undecided, but rather declined to issue general directions on the grounds presented.

Facts

The petitioner, appearing in person, filed a Public Interest Litigation (PIL) seeking various directions from the Union of India and other respondents. The prayers included making the "National Career Service" portal comprehensive for all government recruitments, issuing advisories to states to develop similar portals, taking action against officers who advertise jobs but do not fill posts, ensuring timely recruitment, providing facilities at examination centers, returning collected fees with interest, fulfilling obligations under the Employment Exchange Act, exempting GST from application fees for entrance exams and skill development courses, and declaring the "Right to Access to equal opportunity to enter workforce" as a facet of Article 21. Respondent No. 3 filed a counter affidavit stating that Office Memorandums had been issued making it mandatory for government departments to post vacancies on the National Career Service Portal.

Key Issues

1. Whether a writ of Mandamus should be issued to the Union of India to make the "National Career Service" portal proper, functional, and comprehensive for all government recruitments, and to ensure all government jobs and vacancies are compulsorily posted and advertised extensively on this portal, as per the petitioner's prayer (i). The petitioner argued for the necessity of such a centralized and functional portal for job seekers. The respondents, through their counter affidavit, indicated that directions had already been issued to all departments to post vacancies on the NCS portal. 2. Whether a writ of Mandamus should be issued to exempt GST from application form fees for entrance and recruitment, and from various courses and coaching that help develop employable skills, as per the petitioner's prayer (ix). The petitioner contended for this exemption. The judgment does not record any specific arguments from the respondents on this particular issue, other than general submissions regarding fees.