E-Paper
Assistant engineers’ recruitment: HC stays domicile-based marks to locals in Haryana
Punjab and Haryana HC bench observed that the bench prima facie agrees with the contentions of the petitioner that confining of the benefit of socio-economic criteria and awarding 20 marks therefore on the basis of descent or domicile is violative of Article 16(2) of the Constitution.
The Punjab and Haryana high court has stayed domicile-based marks to locals in Haryana in the recruitment of assistant engineers being done by the Haryana Public Service Commission (HPSC).
The high court bench of justice MSR Rao and justice Sukhvinder Kaur observed that the bench prima facie agrees with the contentions of the petitioner that confining of the benefit of socio-economic criteria and awarding 20 marks therefore on the basis of descent or domicile is violative of Article 16(2) of the Constitution. It says no citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the state.
The plea was from one Arpit Gahlawat, who had submitted that he was eligible to apply for the post and intended to apply but had claimed that selection criteria is discriminatory.
He had sought quashing of advertisement put out on December 20, 2022, for filling up posts of assistant engineers (electrical cadre). In the advertisement, 20 marks out of 100 have been earmarked for the “socio-economic criteria and experience”, by making them dependent on descent or the domicile of the state.
It was submitted that it was a form of reservation.
State’s counsel had submitted that marks in question have been earmarked since various requests were received from the candidates who had applied in earlier recruitment for considering them also in the present recruitment process. Weightage of marks is being given not only on the ground of domicile, it was submitted.
The court observed that a reading of advertisement makes it prima facie evident that marks are being given only to Haryana domicile residents.
The court referred to various judgments of the apex court and observed that prima facie the condition appears to be in violation of Article 16 (2). It has now ordered that the clause in the impugned advertisement providing 20 marks to Haryana domicile applicants or on basis of descent is suspended until further orders. The matter will be now heard on July 24.
