Lateral Entry in Civil Service at Jt. Secretary level will politicise bureaucracy, PIL in SC

A retired IAS Officer, Dr. Chandrapal, has moved the Supreme Court challenging the government’s notification to invite lateral entry in Civil Services at Joint Secretary level for short-term services..The petitioner has alleged that this amounts to an “arbitrary exercise of power” by the Government and is intended to select people following a particular ideology matching that of the current ruling establishment..In the petition drawn by advocate Sudhanshu Chandra and filed through advocate Nirmal Kumar Ambastha, the petitioner has contended that the Joint Secretary is the third highest non-political executive rank and an appointment at this level should not be made directly but rather through the Union Public Service Commission (UPSC) which is a Constitutional institution set up for this very purpose..The petition states that calling for such a lateral entry will by-pass the three stages of UPSC Civil Service Exam viz. preliminary exam, main exam and interview. The petitioner has submitted that according to the present arrangement one-third of the vacancies in the Indian Civil Services are filled by promotions..Opposing the entry of people from the private sector, it is the submission of the petitioner that such candidates are likely to lack the understanding of ground realities as compared to the candidates who get selected through UPSC Civil service exam and gain experience. It has also been averred that an entry from the private sector could amount to a conflict of interest..“That the motive of private companies is profit-making, and the person coming in the government sector may also try to benefit such private companies and may work discreetly for corporate under the garb of government office. That the potential loss of internal talent as well as the likelihood of atrophy of the existing career-based services.”.Besides the above, the question of seniority and prejudice has also been raised. This is on the ground that lateral entry would be prejudicial to those bureaucrats who have entered the system through the UPSC and have worked at the grassroots level since they might now have to report to the officers who make a direct entry as a Joint Secretary..Pointing out that the criteria and selection process for lateral entry is too vague, Chandrapal has also alleged that the notification has been issued to benefit only a select few whose ideologies match with that of the current establishment..“That there is no rational or any objective except to benefit the select few in garb of selection vide the impugned notification. There is no mention of the selection process which is extremely vague and arbitrary. The real intention appears to intake people following a particular ideology matching that of the current ruling establishment.”.The petitioner also expects politicisation of the bureaucracy and discontent among the current lot due to this move..“That the move in all its likelihood will lead to politicization of bureaucracy. That the proposal of lateral entry at senior decision- making levels will increase the disconnect between policymaking & implementation. That the lateral entry would open gates for spoils system, driving talented people away from a civil service career.”.Contending that this kind of selection process will adversely affect the “constitutional mandate for affirmative action”, bypass reservation policy and lead to favouristism, Chandrapal has alleged violation of Articles 14, 19 and 21..He has, therefore, prayed that the notification issued by the Department of Personnel and Training, Government of India be declared unconstitutional..Read the petition below.