The questions Government needs to answer

Wasim Beg

The recent press conference held by the Peoples Democratic Party (PDP) has brought to the fore an important issue - one that calls for a response from the Government. It is common knowledge that in a healthy democracy (assuming we continue to be one) the opposition as well as the common man has the right to raise questions/seek clarity on issues falling within the domain of the Government. These questions must not irritate the Government and must be seen as an opportunity to quell the doubts and apprehensions that are raised.

From the perspective of the common man (especially the youth), the crux of the press conference spearheaded by former Parliamentarian and PDP Chief spokesperson Dr. Mehboob Beg and spokesperson Zuhaib Mir is plain and simple and can be seen from a totally apolitical point of view.

The Government has admittedly outsourced the appointments with regard to certain jobs (across departments) to one or more 'outsourcing companies'. In pursuance with this 'outsourcing' thousands of people have supposedly been appointed to various positions. These posts/jobs do not seem to have been advertised at all or seem to have been 'deliberately' advertised in a manner that would show basic compliance to that very basic principle and yet not give the public much of a chance to even know (much less apply) about it.

While the people are yet to see an official response from the Government, there have been only a few reactions by the ruling party's representatives across local media and social media. A mere look at these reactions shows a two-pronged response - one that 'outsourcing' is nothing new and that the same was resorted to by the PDP in the past and second that the issue is not new as the same was raised by Sajjad Lone in the J&K Assembly by way of a written question. This narrative being set by the Government should make us (the common man) sit-up and take note. It appears to be a diversionary tactic and a political response to the PDP. There has to be a direct response to the 'main issue' and not an attempt to divert from the main issue and respond to things that are not in dispute.

Let me make it easier and clearer to the Government, should they have missed-out on what is being asked of them. The Government should see it as an opportunity to come clean and also be comfortable with questions being thrown at them - no matter by who. Why I call their response a diversionary tactic? Their first response of outsourcing being something that was introduced by the PDP is meek. Nobody is questioning the process of 'outsourcing' - there is a deliberate attempt to make that the moot point, it is not! Outsourcing as a method of appointing people for certain jobs is perfectly alright and I did not hear that being questioned by anyone either. Even if that was questioned, let the Government breathe easy on that. Nonetheless, it would be nice if the Government explained the need to incur the expenses to bring-in an 'outsourcing company/companies'. The second argument that the issue is nothing new and has been previously raised by an MLA is again misguided. A bare perusal of the questions raised in this regard by Sajjad Lone shows that while it raises some very relevant questions, it does not address the main concern - where and how were these posts advertised? How did the common man have the opportunity to apply for these jobs? Were the people who got these jobs handpicked without the public being in know of such opportunities? The whole process reeks of a 'hushed-up' operation, that concerns us all. The transparency that should come with a process like this seems badly missing - both when it was purportedly done and now when questions are being raised.

The response should not be reduced to a political point scoring game. The Government would do well to simply guide us to the places (along-with time-lines) where these posts were advertised and tell us how a common-man could have applied for these jobs and if reasonable time was provided for the same. Publication in unknown newspapers or unfamiliar websites will only further highlight the ill-intent behind these appointments. Any attempts to by-pass these rather obvious and simple questions will only show that these posts were handed-out with political considerations in mind and ended-up benefitting a handful and did not even give a chance to the majority.

The importance of the information being made available to the general public has been highlighted time and again in uncertain terms by the Supreme Court of India. A three-judge Bench of the Supreme Court has laid down what a valid Government job advertisement must contain. As cited in Amrit Yadav v. State of Jharkhand (2025 SCC OnLine SC 280), at para 18, quoting Renu v. District & Sessions Judge, Tis Hazari Courts (2014) 14 SCC 50:

"the advertisement must specify the number of posts available for selection and recruitment... the schedule of recruitment process should be published with certainty and clarity."

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"advertisements which fail to mention the number of posts available for selection are invalid and illegal due to lack of transparency." So, not only has the importance of an advertisement in such cases been made indispensable, but the highest Court of the land has also deemed it necessary to lay-out its essentials.

Furthermore, In the judgement of UPSC v. Girish Jayanti Lal Vaghela, (2006) 2 SCC 482, it was held as follows:

"12. Article 16 which finds place in Part III of the Constitution relating to fundamental rights provides that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. The main object of Article 16 is to create a constitutional right to equality of opportunity and employment in public offices. The words "employment or appointment" cover not merely the initial appointment but also other attributes of service like promotion and age of superannuation, etc.

Dear Government, it is your job to come-up with direct answers, take follow-up questions and satisfy whoever is raising suspicions. Afterall, a democratically elected Government is of the people, by the people and for the people.

The author is Managing Partner (Lectio Law Offices)