The recent alterations in the reservation policy of the Haryana government after the passing of the Haryana Backward Classes (Reservation in Services and Admission in Educational Institutions)Bill, 2016 and withdrawal of the 2013 notification providing 10% reservation under special backward classes (SBC) quota will have implications on ongoing recruitments, particularly for the Class 1 and 2 posts.
HCS recruitments to be impacted
The modification in the quota policy will bring a change in the number of posts advertised by the Haryana Public Service Commission (HPSC), which recruits Class 1 and 2 officers.
The most-impacted will be Haryana Civil Services (Executive Branch) and other Allied Services Examination, 2014 wherein the results of the preliminary examinations were announced in August 2014 and mains examination is due to start from April 14.
Since the number of candidates who qualified the HCS preliminary examination was 15 times the number of advertised posts, the modified quota percentage will have a major impact on the 2014 HCS recruitments. In changed scenario, the number of BC candidates qualifying for the mains examination may increase from 60 to 90. Similarly, the number of EBP candidates qualified for the mains could increase from 30 to 45. Simultaneously, the 27 candidates of SBC category who cleared the preliminary exam will become ineligible following the withdrawal of SBC quota.
Besides, the recently advertised 1,647 posts of assistant professor (college cadre); 70 posts of A class naib tehsildars of the revenue department etc will also have to reviewed by the HPSC and the state government in the light of quota modifications.
What are the changes?
The reservation for Class 1 and 2 posts under backward classes (BCs) in Haryana at the time of advertisement of HCS preliminary examination and for several other posts of other departments advertised by HPSC in the past year was 15%. After the passing of the quota Bill (assented to by the governor), the BC reservation for Class 1 and 2 posts has gone up to 23% with the creation of a new BC (C) category and 1% increase in the quota for BC (A) and BC (B) posts.
In addition, the SBC quota under which 5% posts were reserved for Class 1 and 2 posts stands abolished, which means that all the posts advertised under 5% SBC quota become unreserved and will have to be brought under the 6 % BC (C) quota for Jats and five others.
“The changes imply that posts reserved for BCs will increase by 50% (from 4 to 6 posts depending in the roster points). Also, the proposed increase for economically backward persons (EBP) of general category from 5% to 7% will mean 40% increase in posts reserved for EBP,’’ said a candidate who appeared for the preliminary exam. Several candidates from the BC category are now demanding the postponement of the HCS mains examination from April 14 and revision of the preliminary examination in the light of the fresh quota amendments.
The legal position in view of quashing of reservation benefit has been enunciated by the Union personnel ministry in its June 2015 instructions issued to clarify the status of OBC candidates of the Jat community in view of setting aside of OBC quota for Jats by the Supreme Court. The issue was examined in the department of personnel and training (DoPT) in context of reservation for Jat community in the Civil Services examination conducted by the Union Public Service Commission.
In its advice, the department of legal affairs said: “The law is well settled that once the provisions of law have been declared unconstitutional and ultra vires, its effect would be as if the said provision were never on the statute book. The provisions as ultra vires do not take effect from the date it was declared so but from the day of its inception. If the provision is unconstitutional and ultra vires and has been declared to be so by the court, it was unconstitutional from the day it was enacted. This principle applies with equal force to the orders issued by the government. Since the court has not saved the actions already taken, these actions will not survive …”