Q. With reference to ‘Union Public Service Commission’, consider the statements:
1. It acts as a central personnel agency in India responsible for cadre management of all-India services and Central services.
2. An individual ministry or department has no power to reject the advice of the UPSC.
3. The jurisdiction of UPSC can be extended by an act made by Parliament.
4. If the government fails to consult UPSC on matters relating to methods of recruitment to civil services, the aggrieved public servant has no remedy in court.
How many of the above given statements are correct?
Exp) Option c is the correct answer.
Statement 1 is incorrect: UPSC 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 and Training—one of the three departments of the Ministry of Personnel, Public Grievances and Pensions. Therefore, UPSC is only a central recruiting agency while the Department of Personnel and Training is the central personnel agency in India.
Statement 2 is correct: An individual ministry or department has no power to reject the advice of the UPSC. The UPSC presents, annually, to the president a report on its performance. The President places this report before both the Houses of Parliament, along with a memorandum explaining the cases where the advice of the Commission was not accepted and the reasons for such non-acceptance. All such cases of non-acceptance must be approved by the Appointments Committee of the Union cabinet.
Statement 3 is correct: The additional functions relating to the services of the Union can be conferred on UPSC by the Parliament. It can also place the personnel system of any authority, corporate body or public institution within the jurisdiction of the UPSC. Hence the jurisdiction of UPSC can be extended by an act made by the Parliament.
Statement 4 is correct: UPSC is consulted on the matters related to personnel management and all matters relating to methods of recruitment to civil services and for civil posts. The Supreme Court has held that if the government fails to consult UPSC in the matters (mentioned above), the aggrieved public servant has no remedy in court. Similarly, the court held that a selection by the UPSC does not confer any right to the post upon the candidate.

