'Rules Can't Be Based On Political Agenda': High Court On Haryana Govt's Socio-Economic Criteria For Extra Marks In Govt Jobs Recruitment

The Punjab and Haryana High Court has set aside the rule introduced in 2022 by the Haryana Government for recruitment of Group C and Group D posts which provided for additional five percent marks under socioeconomic criteria to the domicile of the state, observing that, "rules are required to be framed after actual data" and "cannot be based on the political agendas."Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma observed that, "We find from the written submissions of the State as noticed above, that they have miserably failed to understand the ethos of the provisions of the Constitution of India. Once the provisions have been laid down under the Articles 15 and 16 and under the Directive Principles, the same would apply PAN Bharat and the State Government cannot be allowed to introduce special reservations of a nature in public employment where all the citizens are entitled to participate and seek employment."Reservations is required to be adopted by the concerned State Government in terms of Articles 15 and 16, limited to the extent of the requirements of a particular reserved category available in the said State, the bench opined.In a detailed judgement released on Monday, the Court said that, "no State can restrict employment to its own residents alone by allowing the benefit of 5% weightage in marks. The respondents have created an artificial classification to the similarly situated candidates applying for the post."The socio economic criteria for Groups C and D posts provided that 5% weightage to be given to a candidate on different accounts. Following class of people were broadly considered under "socio-economic" criteria for granting additional marks 5% marks:-If none of his family members are the government employees and gross annual income of the family from all sources is less than 1.80 lakh rupees.-The widow or the first or second child and his father had died before attaining age of 45 years.-If the applicant belongs to "denotified tribe" or Nomadic tribe of Haryana.Lastly, the applicant was to be awarded half percent weightage each for year or part thereof exceeding six months of experience, on the same or a higher post in any Department, Board Corporation, Company, Statutory, Body, Commission, etc. under Haryana Government.After hearing the submissions, the Court opined that socio economic criteria is clearly an act of arbitrariness and discrimination created to the similarly situated persons and no person ought to be given benefits.It noted that the benefit of socio-economic criteria was only given to a person who is having a Haryana domicile and place of residence.Violation Of Article 14The Court said that the law has been well settled by the Supreme Court that weightage on the basis "of residence cannot be allowed to be granted". The Right to Equality, as enshrined in the Constitution, has been violated and a class has been created based on the family background simplicitor which does not have any intangible differentia.The candidates whose parents are in Government job, would be denied 5% weightage while the ward of a shop keeper or a private job holder would be entitled for 5% weightage and ward of a nurse or peon doctor employed in the State Government would be denied the said benefit, the Court added.The Court noted that criteria also provides for gross annual family income to be less than Rs. 1.80 lakh rupees. "Thus, a separate criteria of economically backward class has been carved out which goes beyond the reservations already provided to economically weaker sections of the society," it said.It also found that that the definition of “family” for the purpose of socio economic criteria includes all members namely father, mother, wife, unmarried brother and unmarried son. Thus, a person having an unmarried brother, who is employed, would be deprived from being given the benefit of bonus marks under the socio economic criteria."A widow has been granted the benefit while an unmarried daughter has not been given any benefit nor any divorcee has been given any benefit whereas, all three categories of women are not self-sufficient," said the bench.It further added that while principally we agree that the State has to follow the provisions which are for the welfare of the people, but they cannot create an artificial classification which results in discrimination between similarly placed persons."All the candidates who apply for the post are equally entitled to selection based on the common examination conducted for all. Granting additional marks to persons who are locally placed and who have Haryana Parivar Pehchan Patar in their possession, reflects that while the State has deleted the words “who is bonafide residents of Haryana” by making an amendment on 20.02.2023, the requirement continues under the socio economic criteria for grant of marks," said the Court.State Cannot Restrict Employment To Its Own ResidentsThe Court observed that the socio economic criteria is also...

'Rules Can't Be Based On Political Agenda': High Court On Haryana Govt's Socio-Economic Criteria For Extra Marks In Govt Jobs Recruitment

Aiman J. Chishti

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