In its last lap, UPA II proposed lateral entry at Joint Secretary level through UPSC

The sixth Pay Commission had recommended the identification of some posts requiring technical or specialised knowledge not “encadred” in any of government services to be filled with suitable candidates on contract.

More than two years later, in June 2013, records show, the  Pay Commission’s recommendation was examined by DoPT, the Department of Expenditure, and the Union Public Service Commission (UPSC). The UPSC agreed “to make selection according to its mandate.”

The selection methodology, DoPT records show, would be “worked out as and when the complete proposal… was made available to them.”

Subsequently, a concept note on the lateral entry proposal was circulated and various ministries and departments were asked to identify posts requiring specialised knowledge.

The 2013 concept note was recirculated in June 2014 but, according to official records, “very few” responses were received and the proposal didn’t take off.

Cut to NDA in April 2017.

Official records reviewed by The Indian Express show that a PMO meeting on April 28, 2017, discussed the lateral entry scheme.

The initial decision was to keep it outside the UPSC’s ambit and conduct the lateral recruitment process — from finalising the advertisement to recommending candidates to the Appointments Committee of the Cabinet (ACC) — under two selection committees made of Secretaries and external experts.

A selection committee, headed by the Cabinet Secretary, was supposed to pick the Joint Secretaries for lateral entry; the panel for Deputy Secretaries/Directors was to be headed by the senior most of three secretaries in charge of Home, Department of Personnel and Training (DoPT) and Finance.

However, on May 11, 2018, a DoPT official flagged that the UPSC (Exemption from Consultation) Regulation would have to be amended if these posts were to be filled through this route.

The file note explained that the posts of JS, Director and DS are filled under the Central Staffing Scheme (CSS) with officers of All India Services and Central Group ‘A’ service on deputation. As the members of these services are initially recruited by UPSC, the Commission is not consulted while picking such officers on deputation.

But under the lateral entry scheme, the official said, the field of selection is wide open to external candidates and since “these posts will have the character of other Group ‘A’ posts of Central Government…consultation of UPSC is mandatory.”

So within a year, there was a rethink and the government decided to hand over the lateral entry recruitment to the UPSC.

On November 1, 2018, the UPSC said it would recommend one candidate at a time and keep two other names on the reserve list for each post. It further clarified: “This process of selection is being considered as a one-time affair and not a routine process to be continued every year.”

The Indian Express asked UPSC and DoPT for comments on this process. They were unavailable for comment.

The involvement of the UPSC in the lateral entry scheme was discussed at length within the government in 2018. The sequence of events, as per official records:

March 21, 2018: An official in the Ministry of Personnel, Public Grievances and Pensions noted that “…we are advertising for the recruitment without consulting UPSC” and that “exemption from UPSC consultation needs to be accorded by DoPT for all 50 posts.”

April 16, 2018: The DoPT asked UPSC if posts under the lateral entry scheme were exempt from consultation with UPSC. If not, DoPT wrote, then UPSC’s approval “on exemption may be obtained.”

April 25, 2018: UPSC said that “the Commission has no comments to offer” on lateral entry.

May 11, 2018: A DoPT official flagged that the UPSC (Exemption from Consultation) Regulation 1958 would have to be amended if these posts were to be filled by a Selection Committee headed by the Cabinet Secretary, as proposed by the PMO.

July 3, 2018: The Secretary (Personnel) met UPSC chairman who “expressed his willingness to provide adequate number of interview Boards” for the final selection of lateral entry candidates.

July 17, 2018: An amended recruitment procedure — where the selection panel would shortlist 10 candidates for each of the 10 posts to the UPSC to recommend two candidates per post to the ACC — was placed for the Cabinet Secretary’s approval.

July 23, 2018: A meeting chaired by the Cabinet Secretary asked DoPT to explore the possibility of engaging the UPSC in screening and shortlisting of candidates.

July 31, 2018: The UPSC declined to engage in the shortlisting exercise without the provision for a written examination as per its mandate.

October 13, 2018: In “partial modification of the earlier decision,” the PM “approved entrusting the entire responsibility of conducting the examination and declaration of successful candidates (panel of two for each post) to the UPSC.”

November 1, 2018: The UPSC said it would recommend only one candidate at a time and keep two other names on the reserve list for each post.