explaining the cases where the advice of the Commission was not accepted and the reasons for such non- acceptance. Limitations The following matters are kept outside the functional jurisdiction of the State Public Service Commission. In other words, the State Public Service Commission is not consulted on the following matters: a) While making reservations of appointments or posts in favour of any backward class of citizens. b) While taking into consideration the claims of scheduled castes and scheduled ( tribes in making appointments to services and posts.
The governor can exclude posts, services and matters from the purview of the State Public Service Commission. The Constitution states that the governor, in respect to the state services and posts may make regulations specifying the matters in which, it shall not be necessary for State Public Service Commission to be consulted. But all such regulations made by the governor shall be laid before each House of the State legislature for at least days. The State legislature can amend or repeal them.
Role The Constitution visualizes the State Public Service Commission to be the ‘watchdog of merit system’ in the state. It is concerned with the recruitment to the state services and advises the government, when consulted, on promotion and disciplinary matters. It is not concerned with the classification of services, pay and service conditions, cadre management, training and so on. These matters are handled by the Department of Personnel or the General Administration Department.
Therefore, the State Public Service Commission is only a central recruiting agency in the state while the Department of Personnel or the General Administration Department is the central personnel agency in the state. The role of State Public Service Commission is not only limited, but also recommendations made by it are only of advisory nature and hence, not binding on the government. It is up to the state government to accept or reject that advice. The only safeguard is the answerability of the government to the state legislature for departing from the recommendation of the Commission.
Further, the government can