Chaos shall prevail if recruitment not done as per terms of ad: HC
The high court bench of justice Jagmohan Bansal observed that no agency can travel beyond the terms and conditions of advertisement.
The Punjab and Haryana high court has asserted that recruitment agencies can’t be allowed to deviate from terms and conditions spelt out in the advertisement for a particular post. The court was dealing with a petition by one Deepak Kumar and others in which they had sought quashing of a list of shortlisted candidates in ex-servicemen category prepared by the Haryana Staff Selection Commission in August 2024 for the recruitment to post of police constables.
The high court bench of justice Jagmohan Bansal observed that no agency can travel beyond the terms and conditions of advertisement. “If it is permitted, there would be chaos and uncertainty. Selection would be at the caprice and whims of the recruitment agency. It would be contrary to rule of law which cannot be permissible,” it added.
In the case in hand, CET was conducted as preliminary test. It was followed by a written test known as stage-II or main test. The commission, at the stage of shortlisting of candidates from CET qualified, gave priority to candidates from disabled ex-servicemen and their family members category. The petitioners also from ex-servicemen category had secured more marks than disabled ex-servicemen or their family members in CET and were higher in merit. The advertisement said, there would be priority to disabled ex-servicemen and their family members. Other ex-servicemen would be considered if disabled ex-servicemen and their family members are not available, the plea said adding that as per advertisement, the commission had to select four times of advertised posts amongst the CET qualified and the commission could not have given priority to disabled ex-servicemen and their family members category candidates at this stage.
“The respondent can shortlist candidates category wise, however, priority cannot be given within the category unless and until permitted by the advertisement or statutory provisions,” the court observed adding that the advertisement as well as instructions issued in March 2022 categorically provided that priority would be given to disabled ex-servicemen and their family members at the time of final selection list. It can’t be given at the time of main test; it added saying that the commission acted contrary to government instructions and advertisement and extended priority to disabled ex-servicemen at the stage of main test. “The intention of the respondent in preparing priority list at the stage of written test may be just and fair, however, intention cannot substitute terms and conditions of the advertisement/instructions which are categoric and quite clear,” the court recorded while quashing the list.