HC raps HSSC for ‘opaque’ process of dept allocation

HC raps HSSC for ‘opaque’ process of dept allocation
Chandigarh: In an order having implications in public employment, the Punjab and Haryana high court has pulled up the Haryana Staff Selection Commission (HSSC) for adopting an "opaque and arbitrary" approach in allocating govt departments to selected candidates. In its detailed orders, Justice Harpreet Singh Brar held that the commission's process of prioritising candidates based on the number of preferences they filled, rather than their merit ranking, violated constitutional guarantees of equality and fairness.Further observing that the present scenario makes out a clear case of misconduct, the HC has directed the Haryana chief secretary to examine the suitability of inquiring into the conduct of the members and office-bearers of the HSSC and desirability of taking appropriate action against those who are responsible for the same.The court held that the commission adopted a resolution in Oct 2019, prioritising candidates who listed three or fewer preferences. Crucially, this criterion was never disclosed to candidates. "The concealment of such a vital criterion strikes at the heart of transparency," the court observed, adding that candidates were deprived of the opportunity to make informed choices.To avoid recurrence of such a scenario, the HC also directed the chief secretaries to the govts of Haryana and Punjab to issue appropriate instructions to ensure that a lawful, comprehensive and rational criterion is devised for selection to public employment as well as for the allocation of departments in cases involving a consolidated process, so as to ensure transparency and preserve the integrity of the recruitment process.
The court further held that the criteria to be formulated must be declared in advance, at the time of issuance of the advertisement. The said instructions shall be issued within a period of three months of the date of receipt of a certified copy of this order. The HC has also directed that a compliance report shall be filed with the registry of this court with respect to the action taken before expiry of three months from the date of receipt of a certified copy of this order.The HC has also ordered that a copy of this order be sent to the respective chief secretaries to the govts of Punjab and Haryana for necessary information and compliance. The order has been passed by the HC in the wake of a petition filed by several candidates selected as junior engineer (JE) by the HSSC. They had challenged their departmental allocations despite scoring higher marks than others. One petitioner, who secured 65 marks, was allotted a lower-preference department, while candidates with lesser scores were assigned more desirable posts such as the irrigation and water resources department.

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About the AuthorAjay Sura

Ajay Sura is Senior Assistant Editor with The Times of India Chandigarh. He covers news concerning the State of Haryana, Punjab & Haryana High Court and Defence & Military Affairs. He likes to analyse political developments and decoding judicial pronouncements. His hobbies include travelling, mountaineering and trekking.

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