From Non-SCS to IAS: CAT member recuses from case after two hearings

The case has been placed before Ajanta Dayalan, single bench member of the Tribunal.

Seventeen days after put on notice by the Chandigarh bench of Central Administrative Tribunal (CAT), the Centre and Union Public Service Commission (UPSC) did not file the replies until July 21 in a case challenging the new selection system of Haryana’s Non-State Civil Service (Non-SCS) officers to fill five Indian Administrative Service (IAS) posts.

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In yet another twist, the day before the high-stake case came up for second resumed hearing on July 21, Sanjeev Kaushik, other member of the bench that had issued notices, recused himself.

The case has been placed before Ajanta Dayalan, single bench member of the Tribunal.

Sanjeev Kaushik is former additional advocate general of Haryana while Ajanta Dayalan is a retired 1978-batch officer of the Indian Audit and Accounts Service.

“The case was listed for July 21 after issuance of notice on July 3 and further hearing on July 14,” Ajanta Dayalan, member, CAT, has said in the order. “However, on July 20 the other member Sanjeev Kaushik recused himself and as such the case is placed before single bench of this Tribunal,” Dayalan added.

Dayalan observed that as the matter pertains to policy issue regarding appointment to a premier service namely the IAS and also “involves interpretation of statute,” this case needs to be placed before an appropriate division bench.

During the resumed hearing, counsel for the applicant pleaded that the written examination (that is being challenged in this case) is scheduled to be held on August 9. As such, the matter regarding interim prayer needed to be decided urgently, the applicant’s counsel argued.

“In view of urgency of the matter,” the order reads,” Registry is directed to take steps for constitution of appropriate division bench and the matter be listed before it, urgently, preferably within this week or early next week.”

Observing that the Centre and the UPSC have not filed the reply so far, Dayalan stated: “They are directed to file their replies before the next date.”

WHAT IS THE MATTER

In a June 9 order, the Haryana government had directed Haryana Public Service Commission to recommend Non-SCS officers (five times the number of vacancies) after conducting the written examination.

It is for the first time that Non-SCS officers in Haryana will have to take a written examination to get appointed to an IAS post. Until now, the Non-SCS officers of the state were appointed to such posts on basis of their service record. The HPSC will prepare a merit list based on the marks obtained in the written examination and recommend names to the state government for onward submission to the Union Public Service Commission (UPSC).

The petitioner has sought quashing of the June 9 notification of the state government, pleading that the government has committed an illegality by introducing the written test.

The state government has held that there was no “illegality” in its June 9 order and that the written test for shortlisting the eligible candidates has been introduced to have a rational and transparent system for evaluating/adjudging the persons of outstanding merit and ability.

The HPSC has also told the CAT that the state government has the powers to make a reference to the HPSC for recommending names of persons of outstanding merit and ability on the basis of written test.