58th (2007-08) Annual Report - UPSC

Chapter 10
58th (2007-08) Annual Report of Union Public Service Commission
Chapter 10 Non-Acceptance of the Commission’s Advice by the Government
Non-Acceptance of the Commission’s Advice by
the Government
Appointment to the posts of Chairman,
Member-Secretary and Member (Official)
in the Commission for Agricultural
Costs & Prices (CACP), Department of
Agriculture and Cooperation
1.1 A request was made by Department of
Agriculture and Cooperation for Exemption
from Consultation of UPSC for appointment
to the posts of Chairman, Member-Secretary
and Member (Official) in the Commission for
Agricultural Costs & Prices (CACP).
1.2 The Commission considered the request
of the Department carefully. The Commission,
however, noted that (a) The CACP was, as
reported by the Department, a permanent body
since 1970 and hence required a structured system
for filling up its posts, for which consultation
with the Commission was required, (b) As CACP
is an independent advisory body, it only meets
that the Commission, a Constitutional Body,
be consulted in filling up the posts, to enable
functional independence of the CACP, (c) the
Commission has the necessary mechanism
and experience to fill up the posts taking the
help of appropriate advisors. Accordingly,
the Commission found no justification for
exempting the posts from Consultation with
UPSC and the decision of the Commission was
communicated to the Department on January
14, 2002. The Department of Agriculture and
Cooperation vide letter dated May 6, 2002 again
requested to reconsider the advice tendered by
the Commission. The Commission reiterated
their position of not agreeing to the said proposal
vide letter dated July 31, 2002 as the Department
cited no new facts or Rules.
1.3. The Department further took up the
matter with Department of Personnel and
Training (DoP&T) stating that it was a fit case
in which Government might not accept advice
of the Commission. In reply to the reference
received from DoP&T, detailed comments of
the Commission on the proposal of Department
of Agriculture & Cooperation was furnished
vide letter dated June 17, 2003 reiterating the
Commission’s position of not agreeing to the said
proposal. The DoP&T, again specifically requested
the Commission to comment on the aspect as
to whether the posts in question are covered as
exempted category under Item ‘3’ of Schedule-1
of the UPSC (Exemption from Consultation)
Regulations, 1958.
1.4 The matter was examined in the Commission.
Based on the admitted facts of the Department of
Agriculture & Cooperation that the Commission
for Agricultural Costs and Prices (CACP) is an
“Excluded Attached Office” of the Department
of Agriculture and Cooperation, a non statutory
body, the Commission observed that CACP is a
non-statutory body and no specific resolution
was issued by the Ministry to keep the posts of
Chairman and Members outside the purview of
the Commission. DoP&T was advised accordingly
vide letter dated July 29, 2003.
1.5 Another reference was received from DoP&T,
wherein it was stated that Item (3) of Schedule-1
of UPSC (Exemption from Consultation)
Regulation, 1958 does not seem to indicate that
a Commission or Board etc. should necessarily
have a statutory character for being eligible for
this exemption. They further added that the
said Regulation does not speak of making any
specific resolution for the purpose of keeping
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