The Indore Bench of the Madhya Pradesh High Court has declared that the 'First Come First Serve' policy is unsuitable for public employment processes. Justice Subodh Abhyankar, presiding over the case, directed the Ministry of Jal Shakti, Department of Water Resources, not to use this selection method in future training programs or appointments.
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The petitioner, Vivek Dwivedi, challenged an advertisement issued on October 15, 2024, which called for applications for a water auditing training course on a first-come-first-serve basis. Based on this policy, a final list of 25 candidates was released on November 22, 2024. The selected candidates completed training by January 10, 2025.
Dwivedi argued that such a selection approach undermines fairness and merit. His counsel cited two Supreme Court judgments—Centre for Public Interest Litigation vs. Union of India (2012) and Anant Raj Ltd. vs. State of Haryana (2021)—which criticize the policy as arbitrary and not in the public interest.
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“There is a fundamental flaw in the first-come-first-served policy... it involves an element of pure chance or accident,” the Court cited from the 2012 Supreme Court ruling.
The respondent’s counsel defended the process, stating that the advertisement allowed a 15-day application window, and the petition came only after the training had already begun. They argued the petition was infructuous due to timing.
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Still, the High Court found merit in the petitioner’s concern. While it didn’t cancel the advertisement or the training results—acknowledging that significant progress had already been made—it issued a strict warning to the authorities.
“The policy adopted by the respondents... was inherently flawed… the respondents are directed that henceforth they should not resort to the policy of first come first serve basis,” stated Justice Abhyankar.
The Court clarified that public employment must be based on a fair, transparent, and merit-based process. Using chance as a deciding factor, the judgment emphasized, compromises the principles of equality under Article 14 of the Constitution.
“This principle would also be applicable in the case of any public employment,” the Court underscored.
Ultimately, while the current selection process stood untouched due to completion of training, the judgment laid down a clear directive for future recruitment drives. The petition was disposed of, and authorities were reminded to handle future applications lawfully and fairly.
Case Title: Vivek Dwivedi Versus Union Of India Ministry Of Jal Shakti Department Of Water Resources River Development And Ganga Rej And Others, Writ Petition No. 39755 Of 2024
