- UPSC advises on recruitment rules for central government services and statutory bodies
- Certain posts and services are exempted from mandatory UPSC consultation under 1958 regulations
- Framing or amending recruitment rules involves multiple ministries and vetting by Law & Justice Ministry
The Union Public Service Commission (UPSC) is a prestigious organisation that conducts examinations for appointment to the services of the Union. Eligible candidates who qualify the UPSC exam have to undergo interviews for recruitment in the service. The commission is also responsible for framing and amendment of recruitment rules for various services and posts under the Government. It also advises the government on any matter referred by the President of India.
Here are some of the major FAQs on the recruitment process in the Commission:
What is Recruitment and what are Recruitment Rules?
Recruitment is a process of selection of candidates to a designated post and Recruitment Rules are the provisions prescribed under the Statute, for executing the same. The UPSC is required to advise upon the Recruitment Rules for various Civil Posts which are mandated to it, under the Constitution of India or for equivalent posts through a specific Act governing a statutory organization.
What kind of posts are exempt from the purview of mandatory consultation with the UPSC?
Clause 3 of Article 320 of the Constitution of India inter alia stipulates the matters on which UPSC is required to be consulted. Proviso to said clause provides for making regulations to specify the matters in which either generally, or in any particular class or case or in any particular circumstances, it shall not be necessary to consult Public Service Commission. Accordingly, Government has notified UPSC (Exemption from Consultation) Regulations, 1958, amended from time to time , specifying the services and posts which are exempted from consultation with UPSC in regard to matters specified in Article 320.
Whether Statutory Organizations are required to consult UPSC for framing/amendment of Recruitment Rules to posts under their jurisdiction?
In accordance with the mandate assigned under Article 321 of the Constitution, the Organizations, established under an Act of the Parliament, where the requirement of mandatory consultation with the UPSC is specified under a designated Section of that Act, are required to seek the advice of the UPSC for purpose of framing and amendment of Recruitment Rules for posts under their organization(s) corresponding to Group A and Group B posts under the central government. Example of such organizations are :‐ the New Delhi Municipal Council, Municipal Corporation of Delhi, Employees State Insurance Corporation, Employees Provident Fund Organization, Delhi Jal Board, etc.
What is the process involved in framing / Amendment of RRs and the officers involved in the process?
a).The proposal for framing or amendment of Recruitment Rules is initiated by the concerned Administrative Ministry with the approval of the Competent Authority. The Competent Authority can delegate the specified power(s). b). Consequent upon the said approval , the proposal is required to be submitted to the DoP&T for concurrence. c). After the concurrerence of the DoP&T to the proposal for framing / amendment of recruitment rules, the proposal is submitted to UPSC for posts/ services which come within its purview. Advice of the UPSC is conveyed to the Ministry / Organization concerned. d). The Recruitment Rules are then sent by the concerned Ministry to the Ministry of Law & Justice for vetting. e). Subsequently, the Recruitment Rules are required to be notified in the Official Gazette of the government of India.
What is the Single Window System (SWS) for receipt of proposals in the UPSC?
Single Window System (SWS) is now used for receiving proposals for framing/ amendment of Service Rules and Certain RRs, which are brought in offline mode by Competent administrative Deptt. for various reasons. The Administrative Ministry is required to designate an Officer not below the rank of Under Secretary to bring the proposal under SWS. The Under Secretaries in RR Branch in the Commission are authorized to accept the proposals from Ministries / Departments assigned to them. The Proposal is evaluated through a preliminary scrutiny, based upon a pre- defined Check- List, which specifies the documents and information. In case the proposal is found to be incomplete, the reasons thereof are recorded on- the - spot and intimated to the Official from the Ministry / Department concerned for necessary compliance. Proposals complete in all respects are accepted and processed by the Commission.
When is the UPSC associated with the Departmental Promotion Committee(DPC) for considering promotion to a given post?
UPSC is associated with the DPC in all cases of promotion to Group 'A' posts except where promotion is from Level-10 to Level -11. - - - - - - - 18.
Is the UPSC required to be associated in the Departmental Confirmation Committee constituted for considering confirmation of officers?
UPSC is not required to be associated with Departmental Confirmation Committee for considering confirmation.
What is one time mode of recruitment and under what circumstances it can be considered?
In case of newly created Posts, for which Recruitment Rules are not yet framed,or posts for which RR are repealed, and these posts are required to be filled on urgent basis, concerned Ministry / Department can make a reference to UPSC for determination of one-time method of recruitment for filling up the post in the absence of Recruitment Rules. This method of recruitment is available once only and cannot be used again. Department is required to frame Recruitment Rules in the meantime for further filling up of posts. This mode cannot be invoked in cases where Recruitment Rules exist but have become inoperable for any reasons.
What happens when a Ministry / Department disagrees with advice of UPSC on framing / amendment of Recruitment Rules?
The Ministry/Department can seek review of advice of UPSC, if required. However, in case Ministry/Department notifies any recruitment rules at variance with the advice of UPSC, such cases are treated as non‐acceptance of advice of the Commission. Details of such cases of disagreement are mentioned in Annual Report of UPSC.
What is the prescribed time‐frame within which the Recruitment Rules advised upon by the UPSC, should be notified by the Ministry / Department concerned?
The Recruitment Rules should be notified by the Ministy / Department concerned within ten weeks of the receipt of the Advice of UPSC. Ministries / Departments are also required to furnish a copy of the notified Rules to UPSC for record. In so far as proposals processed online on RRFAMS portal, Ministries are required to upload a copy of notification on RRFAMS portal. Cases, where notified Rules are not received / uploaded, are mentioned in the Annual Report of the UPSC, which is placed before the Parliament.
