Outsourcing ESIC’s recruitment process to private agencies: Is it valid in law?

The ESI Corporation is a public organization, a statutory body set up under a Central Act.

The recruitment to this organization at top levels is done by the UPSC. At the lower levels the organization itself had been conducting examinations through its own Examination Wing successfully for decades. But, all of a sudden some decision was taken by someone to outsource the recruitment work to private agencies, charting out, thus, on a wrong, dangerous and legally invalid course.

The decision had been taken without proper analysis of the pros and cons of the issue, without getting legal opinion on the proposal. The irregularity had been continuning for long because

1. the people who were affected did not know why they were affected.
2. the people who got through did not care about the process, as they became the beneficiaries of the system and
3. the people who were in position and power did not care, because they were not affected.

Things went astray, thus, continuously. Now, it is learnt that the ESIC is going to recruit personnel for the posts of MTS and UDCs next week. The examination will be online. But, the candidates have to visit centres far away from their stations.

Physically Handicapped candidates from Tamilnadu are compelled to appear for examination in Thane in Maharashtra. What a wonderful decision? Will the authorities of the ESIC or the agency that got the assignment explain the logic?

Will the Administration make public the parameters on which they chose that private organization to conduct the examinations? What was the contract amount? What would be the cost if the ESIC itself conducted the examination? How does the sanctity of examination for recruitment to a public body assured in the process?

Information is reaching from various sources which raises serious doubts of various kinds about the bona fides of the process.

Every citizen of the nation is affected by the wrong administrative procedure adopted by the ESIC Administration in having outsourced the test to private agencies unnecessarily and, of course, unlawfully. It is time the issue is resolved in a fair and just manner.

Those who feel concerned are requested to convey their stand with adequate evidence so that the issue may be taken to the notice of the Court of Law for proper legal remedy, with reference to the Art. 320 (3) (a) & (b) and Art. 321 of the Constitution of India read with Sec. 17 of the ESI Act, 1948.