Merit Must Prevail For Department Allocation In Combined Recruitment: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that in combined recruitment processes, allocation of departments must be governed by inter se merit and cannot be done in a manner that allows lower-ranked candidates to secure more preferred postings. The Court observed that deviation from merit-based allocation violates the principles of equality and fairness under Articles 14 and 16 of the Constitution.
Justice Harpreet Singh Brar was hearing a batch of writ petitions challenging the allocation of departments to Junior Engineers (Civil) by the Haryana Staff Selection Commission, where candidates lower in merit were allotted more preferred departments over higher-ranked candidates. The petitioners contended that despite securing higher marks, they were denied their preferred choices, while less meritorious candidates were given an advantage on the basis of an internal and undisclosed criterion.
The Court highlighted the importance of merit-based allocation of departments in combined recruitment, observing that the constitutional framework places equality, fairness and meritocracy at the heart of public employment. Merit-based selection is not merely an administrative practice, but a constitutional mandate. The Court noted that the principle of merit does not end with the preparation of a merit list; it must extend to the allocation of departments.
The Court examined the selection process and found that the criterion adopted by the authorities was neither transparent nor consistently applied. It refuted the contention that all the departments covered by the aforementioned advertisement offer identical perks, observing that it is a matter of common knowledge that certain positions are inherently more sought after than others.
The Court noted that the allocation mechanism resulted in a situation where candidates with lower merit were placed in more desirable departments, thereby defeating the purpose of a competitive selection process.
The Court further held that such a system would result in unequal treatment among similarly situated candidates and undermine the integrity of public recruitment. It emphasised that transparency and fairness are essential components of State action and must be maintained throughout the process.
“… the allocation of departments cannot be made in a covert, unfettered and arbitrary manner. Such allocation must necessarily be made while adhering to the provisions of Articles 14 and 16 of the Constitution of India and/or statutory rules,” the Court observed.
The Court remarked that it was incumbent upon the respondent-Commission to allocate departments to the candidates only in terms of their merit and preference, so as to ensure that there is no post-selection manipulation based on favouritism.
Accordingly, the High Court directed the Chief Secretaries of Punjab and Haryana to frame and implement a rational, transparent and merit-based criterion for allocation of departments in combined selections, ensuring that higher-ranked candidates are given due preference in accordance with their merit.
Case Title: Aman Duddi v. Haryana Staff Selection Commission & Ors. [CWP-12842-2020 (O&M)], with other petitions.