Neutral Citation No:=2024:PHHC:079069-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

1. CWP-1563
1563-2024 (O&M)
Reserved on 23.04.2024
Date of Decision:
Decision:31.05.2024

SUKRITI MALIK ..…...Petitioner(s)

V/s.
STATE OF HARYANA AND OTHERS ….......Respondents

2. CWP-25781
25781-2023 (O&M)

VARUN BHARDWAJ .…...Petitioner(s)

V/s.
STATE OF HARYANA AND ANOTHER ….......Respondents

3. CWP-28289
28289-2023 (O&M)

ARUNA KUMARI AND OTHERS ..…...Petitioner(s)

V/s.
STATE OF HARYANA AND OTHERS ……....Respondents

4. CWP-17365
17365-2023 (O&M)

VIJENDRA KUMAR SWAMI ..…...Petitioner(s)

V/s.
STATE OF HARYANA AND OTHERS .....Respondents

5. CWP-1842
1842-2024 (O&M)

PAWAN KUMAR ..…...Petitioner(s)

V/s.

STATE OF HARYANA THROUGH ITS PRINCIPAL SECRETARY,

DEPARTMENT OF SCHOOL EDUCATION
.....Respondents

6. CWP-6731
6731-2024 (O&M)

DEEPAK ..…...Petitioner(s)
V/s.
STATE OF HARYANA AND OTHERS .....Respondents

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7. CWP-1946
1946-2024 (O&M)

SANDEEP AND OTHERS ..…...Petitioner(s)

V/s.
STATE OF HARYANA AND ANOTHER .....Respondents

8. CWP-4774
4774-2023 (O&M)

KULDEEP SINGH ..…...Petitioner(s)

V/s.
STATE OF HARYANA AND OTHERS .....Respondents

9. CWP-605
605-2023 (O&M)

ARPIT GAHLAWAT ..…...Petitioner(s)

V/s.
STATE OF HARYANA AND OTHERS .....Respondents

10. LPA-1037
1037-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
RAHUL AND ANOTHER .....Respondents

11. LPA-1245
1245-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
ANIRUDH AND ANOTHER .....Respondents

12. LPA-1237
1237-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
SATYAPAL AND OTHERS .....Respondents

13. LPA-1253
1253-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
ANIL KUMAR AND OTHERS .....Respondents

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14. LPA-1244
1244-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
PARVEEN KUMAR AND OTHERS .....Respondents

15. LPA-1256
1256-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
DEVENDER AND OTHERS .....Respondents

16. LPA-12
1273-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
SANJAY KADIAN AND OTHERS .....Respondents

17. LPA-12
1264-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
MADHU AND ANOTHER .....Respondents

18. LPA-1271
1271-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
AJAY KUMAR AND OTHERS .....Respondents
19. LPA-1270
1270-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
AHMED AND OTHERS .....Respondents

20. LPA-1268
1268-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
ANGREZ AND ANOTHER .....Respondents

21. LPA-126
1267-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
AJAY AND ANOTHER .....Respondents

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22. LPA-1272
1272-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
SANDEEP KUMAR AND OTHERS .....Respondents

23. LPA-1261
1261-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
PANKAJ KUMAR AND ANOTHER .....Respondents

24. LPA-1277
1277-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
ISMILE KHAN AND OTHERS .....Respondents

25. LPA-1262
1262-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
PARVEEN AND OTHERS .....Respondents

26. LPA-1276
1276-2023 (O&M)

HARYANA STAFF SELECTION COMMISSION ..…...Appellant (s)

V/s.
NITESH KUMAR AND OTHERS .....Respondents

27. LPA-1028
1028-2023 (O&M)

SEEMA SAROHA AND OTHERS ..…...Appellant (s)

V/s.
STATE OF HARYANA AND OTHERS .....Respondents

CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

HON'BLE MRS. JUSTICE SUDEEPTI SHARMA

****
Present: Mr. Saurabh Bajaj, Advocate
for the appellant in LPA-1028-2023.
2023.
Mr. Divyank Shukla, Advocate and Ms. Nikita Goel, Advocate
with Mr. Hitesh Pandit, Advocate,
for respondent Nos. 2 to 5 in CWP No. 605
605-2023.

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Mr. Sarthak Gupta, Advocate

for the petitioners in CWPs No. 25781 & 28289 of 2023.

Mr. Prashant Singh Chauhan, Advocate,

Mr. Himanshu Munjal, Advocate with
Mr. Aman Yadav, Advocate and
Mr. Sumit Chahal, Advocate
for the petitioners in CWP-4774-
CWP -2023.

Mr. Ravinder Singh Dhull, Advocate

for the petitioners in CWP-17365
CWP 17365-2023.

Mr. R.S. Malik

Malik (Ravi) and Ms. Sukriti Malik, Advocates
for the petitioners in CWPs No.1842, 6731 and 1563 of 2024.

Mr. D.S. Patwalia, Senior Advocate, assisted by

Mr. Kannan Malik, Advocate
for the respondents in LPA-1037
LPA 1037-2023.

Mr. B.R. Mahajan, Advocate General, Haryana assisted by

Ms. Shruti Jain Goyal, Senior DAG, Haryana,
Mr. Hitesh Pandit, Addl. A.G., Haryana,
Mr.Divyansh Shukla, Advocate and
Ms. Nitika Goel, Advocate for the respondents

******
SANJEEV PRAKASH SHARMA, J.

1. The present
present two batches of cases essentially raise connected

issues. While one batch is of the LPAs

LPA preferred against the order dated

04.08.2023 passed by the learned Single Bench wherein it was directed that

the examination which was to be held on 05.08.2023 and 06.08.2023 by the

Haryana Staff Selection Commissioner (hereinafter referred to as “the

Commission”) for Groups-C and D shall remain stayed and would be held

only after the revised merit list of Common Eligibility Test (CET) is

published in terms of the judgment. It also proceeded to set aside the result of

the CET held on 05/06.11.2022.

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2. In the batch Writ Petitions which were he

heard
ard together, the

challenge
allenge is to the addition of 5% bonus marks on the basis of the socio

economic criteria of the candidate to the total percentage of ma

marks
rks obtained

by him in the CET. The Writ Petitions challenged the introduction of the

socio economic criteria in the subsequent examination for appointment for

the post also whether it is provided to add 2.5

2.5% marks to the total marks

obtained in the examination

examination for selection for Groups C and D posts.

3. In the LPA filed by the State, is against the order of learned

Single Judge dated 04.08.2023 whereby the learned Single Judge has set

aside the result of the CET declared by the respondents which was made a

basis for participation in the main examination conducted for selection for

various posts of Groups C and D.

4. Since both the issues in the LPAs and Writ Petitions are

interrelated, we have decided to hear them together and although,

lthough, we have

heard the case relating to LPA earlier, we decided to hear both the batches

afresh together after noticing the submissions of learned counsel respectively

in all the cases.

5. Before we deal with the arguments of the appellants

(Commission) in the batch of LPAs and the writ petitioners in the batch of

Writ Petitions, who have challenged the socio economic criteria, it would be

apposite to mention the brief facts which have culled out from the judgment

passed by the learned Single Judge as well as from the facts as have come on

record in the pleadings.

6. The State of Haryana issued

issued a notification dated 05.05.202
05.05.2022
2

laying down the Policy for Recruitment to Group C and D posts by

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conducting a Common Eligibility Test known as CET. It would be apposite

to quote certain clauses of the gazette notification dated 05.05.2022 for

alluding at appropriate place while deciding these cases.

“2. Definitions:-
XXXXXXX
(iv) ‘CET’ marks means the marks obtained by an
applicant in CET;
(v) ‘CET Score’ means the CET marks plus the marks of
socio-economic
economic criteria weightage, admissible if any;
XXXXXX
(xi) 'Marks of Socio-economic
economic criteria weightage' means
the marks on account of weightage of socioeconomic criteria
and experience, if any, upto the specified limit. It is admissible
for-
(a) determination of CET Score of an applicant for
Group C posts as per provision in Annexure
Annexure-A to this
policy;
(b) for determination of marks of skill and/or
written examination obtained by a candidate for Group
C posts, as per provision in Annexu
Annexure-B to this policy;
and
(c) determination of CET Score of an applicant for
Group D posts, as per provision in Second Schedule to
Haryana Group D Employees (Recruitment and
Conditions of Service) Act, 2018 (5 of 2018);
(xii) 'Parivar Pehchan Number' me
means the family
identification number issued under section 5 of the Haryana
Parivar Pehchan Act, 2021 (20 of 2021);
(xiii) "Total of CET marks' means the total of the maximum
marks of CET and maximum marks of socio
socio-economie criteria
weightage;
(xiv) Total marks of skill and/or written examination of a
post' means total of the maximum marks of skill and/or written
examination and maximum marks of socio
socio-economic criteria
weightage;
XXXXXXXX

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7. CET EXAMINATION AND MARKS FOR GROUP

GROUP-C
POSTS:
(i) An applicant who intends to apply for direct
recruitment to any applicable Group C post shall have to
appear in CET for Group C posts.
(ii) XXXXXXXX
(iii) XXXXXXXX
(iv) XXXXXXXX
(v) Every applicant, who appears in the CET, shall be
given marks based on his performance in the CET. An
applicant of general category shall have to obtain minimum
50% marks in CET (excluding the socio-economic criteria
weightage) to be eligible for skill and/or written examination
of second stage, however, an applicant of reserved category
(both vertical and horizontal) shall receive concession @
10%, for the purpose of eligibility
ligibility for CET, ii.e. the minimum
cut-off
off for such candidates shall be 40% (excluding the socio
socio-
economic criteria weightage). An applicant of any category,
who obtains less than the minimum marks in CET, shall have
to re-appear
appear in CET in the next or any subsequent attempt.
(vi) XXXXXXXX
(vii) An applicant shall be eligible to reappear in CET
whenever conducted on a subsequent date and the CET marks
shall be revised if the applicant improves it in the next or any
subsequent attempts.
(viii) There shall be no restriction oon the number of attempts
to appear in the written examination component of the CET. If
an applicant who has already qualified the CET for Group C
post will have the option to appear again in CET to improve
his CET marks in the next or any subsequent occasi
occasion, if he so
desires.
(ix) The CET marks obtained by an applicant shall be valid
for a period of three years from the date of declaration of the
result of CET. Provided that if an applicant improves his CET
marks in the next or any subsequent attempt, th
then the fresh
period of validity of three years will commence from the date
of declaration of result of such attempt.
(x) For clarification on validity of CET marks, see Illustration
No. I at Annexure-C of this Policy
Policy.

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For calculation of CET score of an applicant, the marks

obtained in the CET shall be added to the score, if any, on
account of socio-economic
economic criteria weightage to arrive at the
CET score of the applicant. The calculation methodology for
arriving at the CET score has been illustrated at Illustration
No. 2 at Annexure-C.
(xi) XXXXXX”

7. The same criteria were also notified for Group

Group-D
D posts in Clause

8 of the said notification,

notification, which reads as under:
under:-

“8. CET EXAMINATION AND MARKS FOR GROUP D POSTS:

(i) An applicant who intends to apply for direct

recruitment to any applicable Group D post shall have to
appear in the CET for Group D posts.
(ії) The Commission shall issue an advertisement for
Group D posts based on requisition received from the
Departments of State Government or an
any Board, Corporation,
statutory body or any other agency owned and controlled by
the State Goverment stating its intent to conduct the CET.
(iii) An applicant who does not possess the CET minimum
educational qualification specified for CET but has attain
attained
the minimum age before the last date of registration for CET
on the designated portal and is due to appear for the
examination to attain the appropriate educational
qualification during the year in which the CET is conducted,
shall also be eligible to appear
ppear in the CET:
Provided that such applicant shall not be eligible to
apply for selection against the advertised posts like other
eligible candidates of similar category having equal to or
lesser CET marks until he acquires the minimum essential
educational qualification and/or experience, if any, specified
for that post by the last date for attaining such minimum
qualification specified in the advertisement issued by the
Commission.
(iv) An applicant who has not attained the minimum age or
who has crossed the maximum age limit prescribed by
Goverment for entry into Government service for Group C
post as on the last date fixed in the advertisement published by

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the Commission for registration for CET shall be ineligible to

appear in CET. The relaxation
ation in upper age limit to the
applicants of Scheduled Castes, Backward Classes and other
categories and of experience shall be admissible as per rules
or instructions issued by Government from time to time.
(v) Every applicant, who appears in the CET, shall be
given marks based on his performance in the CET. An
applicant of general category shall have to obtain minimum
50% marks in CET (excluding the socio-economic criteria
weightage), however, an applicant of reserved category (both
vertical and horizontal)
ntal) shall receive concession @ 10%, for
the purpose of eligibility for CET i.e. minimum cut
cut-off for such
candidates shall be 40% (excluding the socio
socio-economic
criteria weightage). An applicant of any category who obtains
less than the minimum marks in CE
CET he shall have to re-
appear in CET the next or any subsequent attempt.
(vi) The CET marks of applicants shall be declared on the
website of the Commission.
(vii) An applicant shall be eligible to re
re-appear In CET
whenever
ever conducted on a subsequent dat
date and the CET marks
shall be revised if the applicant improves it in the next or any
subsequent attempts.
(viii)
i) There shall be no restriction on the number of attempts
to appear in the written examination component of the CET. If
an applicant who has already
lready qualified the CET for Group D
post will have the option to appear again in CET to improve
his CET marks in the next or any subsequent occasion, if he so
desires:
(ix) The CET marks obtained by an applicant shall be valid
for a period of three yearss from the date of declaration of the
result of CET. Provided that if an applicant improves his CET
marks in the next or any subsequent attempt, then the fresh
period of validity of three years shall commence from the date
of declaration of result of such attempt.
For clarification on validity of CET marks, see Illustration
No.I at Annexure-C
C of this policy.
(x) For calculation of CET score of an applicant, the
marks obtained in the CET shall be added to the score, if any,
on account of socio-economic
economic ccriteria weightage to arrive at

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the CET score of the applicant. The calculation methodology

for arriving at the CET score has been illustrated at lustration
No. 3 at Annexure-C
C for ease of understanding.
(xi) CET marks and the marks of socio
socio-economic criteria
weightage, if any, shall be decla
declared on the website of the
Commission In respect
pect of the applicants who have achieved
the specified cut-off as per sub--clause (v) above.”

8. In the said notification procedure for recruitment of Group C

posts and Group D posts was also laid down and for the purpose, it would be

apposite to quote the process for recruitment of Group C posts, which reads

as under:-

“9. PROCESS FOR RECRUITMENT OF GROUP C POSTS:

(i) After publication of CET Score in accordance with

sub-clause
clause (xi) of clause 7 above, the posts available for
recruitment shall be advertised by the Commission along with
the syllabus, procedure/manner of conducting skill and/or
written examination of the advertised posts and last date for
attaining minimum educational qualifications and/or
experience. On the advertisement being issued, the
Commission shall invite applications electronically of the
eligible candidates based on the merit list of CET Score to
know whether the candidate is willing to appear for skill
and/or written examination for that post.
Provided that the maximum number of eligible
candidates for the skill and/or written examination who shall
be eligible to appear in such
ch examination based on number of
posts advertised by the Commission as under:
under:-
(a) candidates equal to five times the number of posts
advertised if the number is less than 30;
(b) 150 candidates if the number is between 30 and 40;
(c) Candidates equal to four times the number of posts
advertised if the number is greater than 40;
The eligible candidates shall apply electronically on the
website of the Commission using their Registration Number.

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The last date for submission of application shall also be

mentioned in the advertisement by the Commission.
(ii) If the CET score of the last candidate who has applied
for the post in terms of sub-clause
clause (i) above is achieved by
more than one candidate, then all the candidates at the cut off
CET score who have applied
pplied for the post shall be entitled to be
considered for appearing in the skill and/or written
examination for the posts) advertised by the Commission.
(iii) Only those candidates, who fulfill the minimum
educational qualifications and other eligibilit
eligibility conditions for a
post advertised by the Commission as on the last date
specified in the advertisement issued by the Commission under
sub-clause
clause (i) above who applied for the post for consideration
shall be issued an Admit Card and be eeligible to appear in the
skill and/or written examination to be conducted by the
Commission.
(iv) On receipt
ipt of requisitions of the posts of different
nomenclature but of similar educational qualifications, the
Commission shall be competent to hold one common skill
and/or written
ritten examination with the condition that the
distribution/allocation shall be on merit
merit-based option given by
the successful candidates.
(v) XXXXXXX
(vi) For consideration of a candidate against a post of
general category, such candidate has to secure m
minimum 50%
marks (excluding socio-economic
economic criteria weightage) in the
skill and/or written examination to be considered for
selection/recruitment. In case of consideration against the
reserved category post (whether vertical or horizontal) the
candidate shall
all receive a concession @ 10% for the purpose
of eligibility for the purpose of skill and/or written
examination, i.e. the minimum cut off for such candidates shall
be 40% (excluding socio-economic
economic criteria weightage)
because they have been given 10% conc
concession in minimum
marks.
For calculation of marks of skill and/or written
examination of Group C post,
ost, see Illustration No. 4 at
Annexure-C of this Policy.

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(vii) The Commission shall on the basis of marks obtained in

the written/skill examination and the socio economic criteria
weightage @ 2.5%, admissible if any, shortlist the candidates
for selection, recommendation or waiting list in the respective
categories and publish on the website in accordance with
clause 12.
For calculation of total marks of skill and/or written
examination of a candidate, the marks obtained in skill and/or
written examination shall be added to the score, if any, on
account of socio-economic
economic criteria weightage to derive at the
total marks of skill and/or written examination of the
candidate. The calculation methodology for deriving at the
total marks of skill and/or written examination of a candidate
has been illustrated
llustrated at Illustration N
No.5 at Annexure-C for
ease of understanding.
Save as otherwise provided in any instruction
instructions of
Government, in case of non
non-availability of eligible
candidate(s) of respective category after the skill and/or
written examination for the post which remain unfilled shall be
re-advertised as per reservation policy. A clear mention of this
condition shall
hall be made in the advertisement issued by the
Commission.”

SOCIO ECONOMIC CRITERIA

9. The socio-economic
socio economic criteria for CET for Group
Group-C
C Posts was laid

down as under to be alluded at the relevant time

time:-

“Annexure – A
[See Sub-clause
clause (xi) of clause 2]
SOCIO ECONOMIC CRITERIA FOR COMMON ELIGIBILITY TEST
FOR GROUP C POSTS

Maximum five percent socio-economic

socio economic criteria weightage in CET shall be
admissible to eligible candidates under the following circumstances:
circumstances:-
(1) Ann applicant who is bonafide resident of Haryana shall be entitled
to
o 5% weightage provided that -
(i) neither he himself nor any person from amongst the applicant's
family is/was or has been a regular employee in any Department/ Board/
Corporation/ Company/ Statutory Body/ Commission/ Authority of

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Haryana Government or any other State Government or Gove

Government
ment of
India; and
(
(ii) gross annual income of family from all sources i.e., salary,
agriculture, business, profession etc. for the ffinancial year priorr to the year
of application should be less than one lakh eighty thousand rupees only.

Note. - Regarding (i) and (i), it shall be confi

confirmed from the data of Parivar
Pehchan Patra and/or HRMS.

Explanation. The term 'regular employee' does not include a person who
Explanation.-
is working on contractual basis, daily wages or as a Guest Teacher,
Anganwari Workers, etc.
(5 %)
(2) The definition of Family for the purpose of Socio
Socio-Economic
Economic
Criteria:
Criteria:-
(i) Male applicant means the applicant himself, his father, mother,
wife, unmarried brother(s) and son(s);
(ii) Female un-married
married applicant means the applicant herself, her
father, mother and unmarried brother(s)
(iii) Female married applicant meanmeans the applicant herself, her
husband, father-in-law,
law, mother
mother-in-law, unmarried brother-in-law
law
and son(s).
(iv) Divorced female applicant means the applicant herself, her
father, mother, unmarried brother(s) and son(s);

(3) If the applicant being a bonafide resident of Haryana is:

is:-

(i) A widow; or
(ii) The first or the second child and his father had died before
attaining the age of forty two years; or
(iii) the first or the second child and his father had died before the
applicant had attained the age of fifteen years;
shall be entitled to 5% weightage subject to entries in Parivar Pehchan
Patra or certificate issued by the competent authority in the specified
proforma.
(5 %)

(4) If the applicant being a bonafide resident of Haryana belongs to

such a denotified tribe (Vimukt Jatis and Tapriwas Jatis) or Nomadic tribe
of the State which is neither a Scheduled Caste nor a Backward Class shall
be entitled to 5% weightage.
(5 %)

(5) If the applicant being a bonafide resident of Haryana, he shall be

awarded half percent weightage for cach yyear
ear or part thereof exceeding six
months of experience, on the same or a higher post in any

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Department/Board/ Corporation/ Company/ Statutory Body/ Commission/

Authority/Co
Authority/Co-operative Banks etc.. under Haryana Government. No
weightage of experience shall be awarded for any period less than six
months or for a period exceeding eight years.
(Maximum 4 %)
No
Note.- No condition of gross family income and employment of any family
member in service shall be applicable for the purpose of weightage of
experience.
(6) Other Conditions:
(i) No applicant shall be given more than a total of 5% socio
socio-economic
economic
criteria weightage under any circumstances. Thereby, if an applicant is
eligible for more than 5% socio-economic
socio economic criteria weightage in terms of
provision in Para (1) to (5) above, the socio
socio-economic
economic criteria weightage
shall be maximum 5%.
(ii) The weightage by Haryana Staff Selection Commission or any other
recruiting agency/body under Haryana Government shall be given only
once in a lifetime for appointment on regula
regularr basis to a post of Group C or
D
(iii
(iii) If a person himself or his family member is once selected/appointed
with or without getting the benefit of weightage, no other family member
shall be considered for weightage for selection/appointment to the same or
any other post for which application has been submitted by any member of
the family, as defined in para 2 above.

Explanation. The term 'once selected/appointed' does not include the

Explanation.—
person whose services are terminated due to revision of selection list
d
declared in compliance
liance of the directions of Hon
Hon'ble
'ble High Court or any
other competent authority, in such case that selection/ appointment shall be
ignored for this purpose.
(
(iv) If at a time two or more family members become eligible for merit
list of CET of
of the Group C and/or Group D posts and are eligible to be
considered for the Socio-economic
Socio economic Criteria weightage in such case the
elder/eldest amongst the two or more eligible family members respectively
will be considered for the purpose of socio
socio-economic criteria
riteria weightage.
However, the weightage of experience shall be admissible to more than one
family member, if any, based on para (5
(5) above.
(v) If a person resigns from government service while working on
regular basis in any Department/
Department/ Board/Corporation under Haryana
ana
Government, any State Government
Gover ment or Gove
Government
ment of India on whatsoever

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reason, he or any other family member shall not be eligible to claim the
socio economic criteria weightage again.
socio-economic again.”

10. The socio-economic

economic criteria skill and/or written

examination for Group C posts to be alluded at the relevant time reproduced

as under:-

ANNEXURE
ANNEXURE-B
[See sub-clause
clause (xi) of clause 2]
Socio Economic Criteria for Skill and/or Written Examination for
Group C P Posts
Maximum two and a half percent socio
socio-economic criteria weightage
in skill and/or written examination shall be admissible to eligible
candidates under the following circumstances:
circumstances:-
[I] An applicant who is bona fide resident of Haryana shall be
entitled to 2.5% weightage provided that -
(i) neither he himself nor any person from amongst the
applicant's family is/was or has been a regular employee in
any Department/ Board/ Corporation/ Company/ Statutory
Body/ Commission// Authority of Haryana Government or any
other State Government or Government of India; and
(ii) gross annual income of the family from all sources i.e., salary,
agriculture, business, profession etc. for the financial year
prior to the year of application should be less than one lakh
eighty thousand rupees only.
Note. - Regarding (i) and (ii), it shall be confirmed from the data of
Parivar Pehchan Patra and/or HRMS.
Explanation. — The term 'regular employee' does not include a
person who is working on contractual basis,daily wages or as a Guest
Teacher, Anganwari Workers, etc.
(2.5%)
(2) The definition of Family for the purpose of Socio
Socio-Economic
Criteria-
(i) Male applicant means the applicant himself, his father,
mother, wife, unmarried brother(s) and son(s);
(ii) Female un-married
married applicant means the applicant herself,
her father, mother and unmarried brother(s)
(iii) Female married applicant means the applicant herself, her
husband, father-in-law,
law, mother
mother-in-law, unmarried brother-
in-law and son(s).
(iv) Divorced female applicant means the applicant herself,
her father, mother, unmarried brother(s) and son(s);

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(3) If the applicant being a bonafide resident of Haryana is:

is:-
(i) A widow; or
(ii) the first or the second child and his father had died before
attaining the age of forty two years; or
(iii) the first or the second child and his father had died before
the applicant had attained the age of fifteen years;

shall be entitled to 2.5% weightage subject to entries in Parivar

Pehchan Patra or certificate issued by the competent authority, in the
specified proforma,
(2.5%)
(4) If the applicant being a bonafide resident of Haryana belongs
to such a denotified tribe (Vimukt Jatis and Tapriwas Jatis) or
Nomadic tribe of the State which is neither a Scheduled Caste nor a
Backward Class shall be entitled to 2.5% weightage.
(2.5%)
(5) If the applicant being a bonafide resident of Haryana, he shall
be awarded half percent weightage for each year oor part thereof
exceeding six months of experience, on the same or a higher post in
any Department/Board/ Corporation/ Company/ Statutory Body/
Commission/ Authority/Co-operative
operative Banks et
etc. under Haryana
Government. No weightage of experience shall be award
awarded for any
period less than six months or for a period exceeding eight years.
(Maximum 4%)
Note. No condition of gross family
Note.— mily income and employment of any
family member in service shall be applicable for the purpose of
weightage of experience.
(6) Other Conditions:
(i) No applicant shall be given more than a total of 2.5% socio
socio-
economic criteria weightage under any circumstances. Thereby, if an
applicant is eligible for more than 2.5% socio-economic criteria
weightage in terms of provision in para (1) to (5) above, the socio
socio-
economic criteria weightage shall be maximum 2.5%.
(ii) The weightage by Haryana Staff Selection Commission or any
other recruiting agency/body under Haryana Government shall be
given only once in a lifetime for appointment on regular basis to a
post of Group C or D.
D
(iii) If a person himself or his family member is once
selected/appointed with or without getting the benefit of weightage, no
other family member shall be considered for weightage for

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selection/appointment to the same or any other post for which

application has been submitted by any member of the family, as
defined in para 2 above.
Explanation. The term 'once selected/appointed' does not include
Explanation.—
the person whose services are terminated due to revision of selection
list declared in compliance
compliance of the directions of Hon
Hon'ble High Court or
any other competent authority, in such case that selection/
appointment shall be ignored for this purpose.
(iv) If at a time two or more family members bec
become eligible for
merit list of CET of the Group C and/or Group D posts and are
eligible to be considered for the Socio-
Socio-economic Criteria weightage in
such case the elder/eldest amongst the two or more eligible family
members respectively will be considered for the purpose of socio-
economic criteria weightage. However, the weightage of experience
shall be admissible to more than one family member, if any, based on
para (5) above.
(v) If a person resigns from government service while working on
regular basis in any Department/ Board/Corporation under Haryana
Government, any State Government or Government of India on
whatsoever reason, he or any other family member shall not be
eligible to claim the socio-economic
socio economic criteria weightage again.”

11. Vide amendment dated

dated 31.05.2022, certain Class of posts were

included in Group-C
Group C and sub clause 3 (iii) providing minimum educational

qualification was also amended of the notification dated 05.05.2022. The

syllabus for CET was also substituted and Clause (iv) was substitute
substituted.
d.

However, for the present controversy, we may not be required to notice the

said notification to the aforesaid extent.

12. Interestingly another gazette notification was issued on

20.02.2023 by the Human Resources Department, Haryana Government

whereby following
following amendment was made to the notification dated

05.05.2022 as quoted previously in Annexure A and B as under:

under:-

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(I
(I) In Annexure-A:-
(i) in para (1), the words "who is bonafide res
resident of Haryana"
shall be, omitted;
(ii) in para (3), the words "being a bonafide resident of Haryana"
shall be omttied;
(iii) in para (4), the words "being a bonafide resident of Haryana"
shall be omitted;
(iv) in para (5), for the words and sign "if the applicant being a
bonafide resident of Haryana, he" the words "The applicant"
shall be substituted;

(II) In Annexure-B:-
(i) in para (1), the words "who is bonafide resident of Haryana"
shall be, omitted;
(ii) in para (3), the words "being a bonafide resident of Haryana"
shall be omitted;
(iii) in para (4), the words "being a bonafide resident of Haryana"
shall be omitted;
(iv) in para (5), for the words and sign "if the applicant being a
bonafide resident of Haryana, he" the words "The applicant"
shall be substituted;”

13. Before we deal with the submissions raised by the learned

counsel for the petitioners relating to the challenge of socio economic criteria,

we deem it appropriate to decide the preliminary objection taken by the State

of Haryana with regard to the maintainability of the Writ Peti

Petitions.

14. Learned Advocate General, Haryana raised a preliminary

objection to the maintainability of the Writ Petitions on the ground that the

petitioners had participated in the selection process and before the result was

declared, the petitioners have filed these Writ Petitions

Petitions.. It is submitted that the

Written Tests were conducted on 29.04.2023, 30.04.2023, 13.05.2023

.05.2023 and

14.05.2023 and the selection criteria was laid down under the advertisement

on 21.02.2023. However, the Writ Petitions were filed on 12.1

12.12.2023.
2.2023. The

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earlier Writ Petition which was pending before this Court

Court, challengee has been

made to the socio economic criteria,

criteria where 20 marks were being awarded,
awarded

while,, in the present advertisement, only 5% weightage in respect of the socio

economic criteria
criteria has been applied. If the socio economic criteria is amended

or set aside it will affect all the candidates who had participated in the

examination and the Rules of the examination cannot be changed in a mid-

way. Therefore, he submits that the Writ Petit

Petitions
ions should be dismissed on this

count only.

15. The petitioners on the other hand submitted that the socio

economic criteria has resulted in changing the complete result of the

examination. Candidates who were otherwise lower in merit, have been

placed in the merit by giving them 5% additional marks under the garb of

socio economic criteria. Further 2.5%

2.5 marks were also to be given to them in

the main result which would be published after the examination has been

conducted resulting in the higher meritorious ccandidates being ousted.

16. It is submitted that principal of estoppel would not apply as the

candidates agreeing to participate in the examination cannot be considered to

have agreed to illegality being committed.

17. In a recent judgment Dr.Meeta Sahai

SahaiVs. State of Bihar; 2019

(20) SCC 17 the apex Court had held that the candidate agreeing to

participate only accepts prescribed procedure and not the illegality in it. In

fact, a candidate may not have locus to assail the incurable illegality or

derogation of the provisions

provisions of the Constitution unless he/she participates in

the selection process.

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18. In view of the succinct law aforesaid, we reject the contentions

raised by the learned Advocate General, Haryana that the Principles/Rules

/Rules of

the game cannot be changed in a mid way, would have no application to the

present case. If an illegal procedure has been adopted, this Court cannot close

its eyes and allow illegality to perpetuate. Since, the socio economic criteria

would have application in all the fields, and we have heard the arguments at

length on the merits, we reject the preliminary objections raised by the

learned Advocate General, Haryana and hold the Writ Petitions to be

maintainable.

Validity of the Socio Economic Criteria

19. The socio economic criteria for Gro

Groups
ups C and D posts has been

referred to in Annexure-A
Annexure A (Supra). A look at the Annexure along with

amendments made vide notification dated 20.02.2023 reflects that 5%

weightage has been provided to a candidate on different accounts. It is

submitted that the percentage

percentage of marks as awarded under Annexure A (Supra)

is wholly violative of Articles 14, 15 and 16 of the Constitution of India and it

creates an artificial classification amongst equals on the basis of residence,

family, income, place of birth and the status

status in the Society. It is submitted that

before laying down the socio economic criteria, neither quantifiable data was

collected nor any extensive study for the purpose of introduction of socio

economic criteria was conducted. No commission was also cons

constituted.
tituted. It is

submitted that merely because a candidate’s family member is a regular

employee of the State Government or Government of India, cannot be a

reason to deprive him or lowering down his merit in comparison whose

family member is not an employee with the Government although he/she may

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be son or daughter of a businessman, doctor, shop keeper or a lawyer. It is

submitted that socio economic criteria adopted for grant of bonus marks, has

no nexus to the purpose sought to be achieved.

20. Reliance has been placed on the judgments rendered by the apex

Court in the cases of “Pardeep Jain Vs. Union of India” ; 1984 AIR

(SC)1420, “Kailash
Kailash Chand Sharma Vs. State of Rajasthan and Others” ;

2002 (6) SCC 562, “V.N.

“ Sunanda Reddy Vs. State of Andhara Pradesh” ;

AIR 1995 SC 914 and judgment passed in CWP

CWP-11071-2011
2011 by the Full

Bench of this Court in Abhishek Rishi Vs. State of Punjab; ILR (2013)

P&H 957.. The same shall be referred at the relevant part.

21. The State of Haryana’s case as per their written submissions is as

under:-

“1. The notification dated 30.12.2021 was repealed the

Chief Secretary to Govt. of Haryana notified the Common
Eligibility Test for Group C & D posts vide notification dated
05.05.2022. The selection criteria for the group
group- C posts is
already mentioned under para -22 of this notification. As per the
sub-clause
clause 2 of section 2 of definitions it was specified that the
teaching posts are not included/covered under this notification.
Therefore, when the requisition for recruitment of TGT posts
was received from the Director Elementary Education, Haryana
the answering respondent approached the 0/o the Chief
Secretary to Govt. of Haryana by way of letter dated 13.01.2022
and requested them to guide regarding the criteria to be
adopted for
or selection to the post of TGT Category. The O/o The
Chief Secretary to Govt. of Haryana vide dated 25.03.2022
specified the criteria for conducting exam for teaching posts of
group -C as under:-

"No CET Exam

Written Examination: 95 marks

Socio-economic Criteria:
riteria: 5% weightage

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Waiting list as per other Group C Posts."

Therefore, accordingly the said criteria, as specified was

adopted. As regards the socio economic criteria, it is submitted that
the same criteria as laid down in the CET notification dated
05.05.2022 was adopted. The said criteria was duly mentioned under
para 12(1) of the Advertisement no. 2/2023 dated 21.02.2023.

XXX

XXXX

XXX

1. Equality code i.e. Article 14, 15 & 16 of the

Constitution mandates that all citizens of the country are treated
alike. At the same time, it also casts a duty upon the State to
achieve the ultimate goal of substantive equality so that
'equality' which is the underlying principle of the Constitution is
not reduced to a mere 'farce'.

2. Our society is a diversified so

society where every citizen
does not have equal access to opportunities for their social and
economic development due to multitude of socio
socio-economic
factors prevailing in the society. Some members of the society
are unequals with other members in respect of ability and
qualification for public employment. They are unable to compete
in terms of absolute equality with the members of other
communities and groups in the society. Hence, in order to make
them compete on conditions of equality with others in respect of
jobs and employments of the State certain relaxations and other
factors ensuring equality are imperative.

* Ram Bhagat and Anr. Vs. State of Haryana, 1997(11) SCC

417

3. Therefore, the framers of the Constitution have

empowered the State Government to make special provisions for
persons who belong to such disadvantaged and weaker sections
of the society. The Article 15(3) of the Constitution of India
reads as under: -

"Nothing in this article shall prevent the State from

making any special provisions for
or women or children. "

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Further Article 15(4) of the Constitution of India reads

as under: -

"Nothing in this article or in clause 2 of the Article 29

shall prevent the State from making any special provisions for
the advancement of any socially and educat
educationally backward
classes of citizens or the Scheduled Caste and Scheduled
Tribes."

Article 38(2) of the Constitution of India reads as under: -

"State shall, in particular, strive to minimize the

inequalities in income, and endeavour to eliminate inequalities
in status, facilities and opportunities, not only amongst
individuals but also amongst group of people residing in
different areas or engaged in different vocations. "

Article 46 of the Constitution of India reads as under: -

"State shall promote with special care the educational

and economic interests of the weaker section of the people, and,
in particular, of the Scheduled Caste and the Scheduled Tribes,
and shall protect them from special injustice and all form of
exploitation."

4. These special provisions

isions follow the principle of
"Salus Populiest Suprema Lex" i.e. the welfare of the people is
the supreme law, meaning thereby that collective interest of the
society outweighs the individual interest.

5. It is with this broad perspective, the respondent State

has taken an initiative to grant some incentive or relaxation in
the form of marks under Socio Economic Criteria and
Experience to the candidates of certain classes which, owing to
their background or for reasons historical or otherwise, are un
un-
equalss to compete in terms of equality with others for jobs and
employment under the State.

6. Article 15 prohibits discrimination on various grounds

and Article 16 mandates equality of opportunity in public
employment and bars any discrimination in public empl
employment.
At the same time, both the Articles empower the State to take
affirmative action to achieve actual' equality i.e. measures

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which would bring about equality in opportunity and status.

Social reservation under Article 16(4) is only one species of the
affirmative action envisaged by Article 15, 16 and Directive
Principles of State Policy enshrined under Part IV of the
Constitution, apart from other reservations granted under
Article 15(3), (5), (6), 16(1) and 16(6) and other special
provisions in the form
orm of weightage/relaxation/concessions
provided under Article 15(3), 15(4), Article 335.

7. The co-relation
relation of Artic
Article 15(1), 15(2), and 15(3) &
15(4) and 16(1), 16(2) & 16(4) has been succinctly explained by
the Hon'ble Supreme Court in:

 Government of Andhra
dhra Pradesh Vs. P.B. Vijaykumar,
1995(4) SCC 520
 Dr. Preeti Srivastava Vs. State of Madhya Pradesh,
1997(7) SCC 120
 Union of India & Ors. Vs. V.K. Prabhakaran, 1997(11)
SCC 638
 Vijay Lakshmi Vs. Punjab University & Ors., 2003(8)
SCC 440
 Saurav Yadav & Ors. Vs. State of Uttar Pradesh & Ors.,
(2021)4 SCC 542
8. Therefore, the contention of the Petitioners that the
socio economic criteria is nothing but another form of
reservation with respect of which the State Government has no
jurisdiction is wholly
olly misconceived.

9. Another contention that the preferential treatment

given under socio-economic
economic criteria is anti
anti-meritarian is also
devoid of any merit. In B.K. Pavitra vs Union Of India, (2019)
16 SCC 129, the Hon'ble Supreme Court held:

"122. An assumption implicit in the critique of

reservations is that awarding opportunities in
government services based on "merit" results in an
increase in administrative efficiency. Firstly, it must be
noted that administrative efficiency is an outcome of
the actions taken by officials after they have been
appointed or promoted and is not tied to the selection
method itself. The argument that one selection method

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produces officials capable of taking better actions than

a second method must be empirically proven based on
an evaluation of the outcomes produced by officials
selected through both methods. Secondly, arguments
that attack reservations on the grounds of efficiency
equate merit with candidates who perform better than
other candidates on seemingly -neutral criteria, e.g.
standardised examinations. Thus, candidates who
score beyond a particular -cut-off point are considered
meritorious and others are —non-meritorious.
However, this is a distorted understanding of the
function —merit
merit plays in society
127. It is well settled that existing inequalities in society
can lead to a seemingly —neutral system discriminating
in favour of privileged candidates. As Marc Galanter
notes, three broad kinds of resources are necessary to
produce the results in competi
competitive exams that qualify as
indicators of —merit.
merit. These are: -
... (a) economic resources (for prior education, training,
materials, freedom from work etc.); (b) social and
cultural resources (networks of contacts, confidence,
guidance and advice, informati
information, etc.); and (c) intrinsic
ability and hard work..
128 The first two criteria are evidently not the products
of a candidate's own efforts but rather the structural
conditions into which they are born. By the addition of
upliftment of SCs and STs in the moral compass of merit
in government appointments and promotions, the
Constitution mitigates the risk that the lack of the first
two criteria will perpetuate the structural inequalities
existing in society."
10. There is no valid ground to challenge the gr
grant of
marks on account of experience or restricting consideration of
experience, gained in Government organizations/
instrumentalities. For securing appointment on regular basis,
all eligible persons have to compete on merit. It is only
weightage to the extent
xtent of 4 marks has been assigned to
experience which is normally done in all selection processes.
Reliance can be placed on:

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 Sachivalaya Dainik Vetan Bhogi Karamchari Union,

Jaipur Vs. State of Rajasthan & Ors., 2017(1) SCC 421
 University of Delhi Vs. De
Delhi University Contract
Employees, AIR 2021 SCC 3305
11. The grant of 5% marks under socio
socio-economic
criteria and experience to candidates cannot be termed as a
form of reservation as contented by petitioners. It only allows
certain categories of persons for additional marks and these
certain categories forms reasonable classification under the
Constitution of India and the same is no where prohibited and
also therefore, cannot be termed discriminatory. Grant of 5
marks in no way compromises the merit.
12. Now, the benefit of socio
socio-economic criteria has been
extended to all the citizens of India alike irrespective of their
rural or urban background, without there being any
discrimination so that there is equitable distribution of benefit
and opportunities among
mong all the sections of the society.
13. The policy was formulated by the Government after
due application of mind with a view to help the persons who
have disadvantages in getting the Government employment
and are socially backward. There is nothing arbi
arbitrary in the
policy rather there is a benevolent object which is sought to be
achieved.
14. The socio-economic
economic criteria has already been upheld
by the Hon'ble Division Bench of this Court in CWP No.
10792 of 2018 titled as "Deepak & Others versus State of
Haryana & Another"
15.It is a well settled law that so long as the decision of
the government is not actuated with any malice or is not an
outcome of arbitrary and whimsical act, the same should not
be interfered by the Court of law under Article 226 of tthe
Constitution of India.
 Ram Singh Vijay Pal Singh and others versus State of
U.P.
.P. and others (2007) 6 SCC 44.
44.”

22. Having noticed the submissions of the State, we find that in the

case of Deepak Vs. State of Haryana, (CWP

(CWP-6731-2024) the socio economic

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criteria was not examined and therefore, we have chosen to examine the same

on merits in the present cases.

23. In Pardeep Jain Vs. Union

nion of India
India;1984 AIR (SC)1420,, the

Supreme Court has observed as under:-

under:

22. So much for admission to the M.B.B.S. course, but

different considerations must prevail when we come to consider the
question of reservation based on residence requirement within the
State or on institutional preference for admission to post graduate
courses, such as, M.D., M.S. and the like. There we cannot allow
courses,
excellence to be compromised by any other considerations because
that would be deterimental to the interest of the nation. It was rightly
pointed out by Krishna Iyer, J. in Jagdish Saran's case, and we wholly
endorse what he has said:
"The basic medical needs of a region or the
preferential push justified for a handicapped group cannot
prevail in the same measure at the highest scale of speciality
here the best skill or talent, must be handpicked by selecting
according to capability. At the level of Ph. D., M.D., or levels
of higher proficiency, where international measure of talent is
made, where losing one great scientist or technologist in the
making is a national loss the considerations we have expended
upon as important loss their potency. Here equality, measured
by matching excellence, has more meaning and cannot be
diluted much without grave risk."
"If equality of opportunity for every person in the
country is the constitutional guarantee, a candidate who gets
more marks then another is entitled to preference for
admission. Merit must be the test when choosing the best,
according to this rule of equal chance for equal marks. This
proposition has greater importance when we reach the higher
levels of education like post-graduate
graduate courses. After all, top
technological expertise in any vital field like medicine is a
nation's human asset without which its advance and
development will be stunted. The role of high grade skill or
special talent may be less at the lesser levels of education, jobs
no disciplines of social inconsequence, but more at the higher

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levels of sophisticated skills and strategic employment. To

devalue merit at the summit is to temporise with the country's
development in the vital areas
reas of professional expertise. In
science and technology and other specialised fields of
developmental significance, to relax lazily or easily in regard
to exacting standards of performance may be running a grave
national risk because in advanced medicine and other critical
departments of higher knowledge, crucial to material
progress, the people of India should not be denied the best the
nation's talent lying latent can produce. If the best potential in
these fields is cold- shouldered for populist consid
considerations
garbed as reservations, the victims, in the long run, may be the
people themselves. Of course, this unrelenting strictness in
selecting the best may not be so imperative at other levels
where a broad measure of efficiency may be good enough and
what
at is needed is merely to weed out the worthless."
"Secondly, and more importantly, it is difficult to
denounce or renounce the merit criterion when the selection is
for post graduate or post doctoral courses in specialised
subjects. There is no substitute for sheer flair, for creative
talent, for fine-tune
tune performance at the difficult highest of
some disciplines where the best alone is likely to blossom as
the best. To sympathise mawkishly with the weaker sections by
selecting substandard candidates, is to punish society as a
whole by denying the prospect of excellence say in hospital
service. Even the poorest, when stricken by critical illness,
needs the attention of super-skilled
skilled specialists, not humdrum
second-rates.
rates. So it is that relaxation on merit, by over ruling
equality and quality all together, is a social risk where the
stage is post graduate or post-doctoral."
doctoral."
These passages from the judgment of Krishna Iyer, J. clearly
and forcibly express the same view which we have independently
reached on our own and in deed that view has been so ably expressed
in these passages that we do not think we can usefully add anything to
what has already been said there. We may point out that the Indian
Medical Council has also emphasized that playing with merit, so far
as admissions to post graduate courses are concerned, for pampering
local feeling, will boomeriang. We may with ad
advantage reproduce the
recommendation of the Indian Medical Council on this point which

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may not be the last word in social wisdom but is certainly worthy of
consideration:
"Student for post-graduate
graduate training should be selected strictly
on merit judged on the basis of academic record in the undergraduate
course. All selection for post-graduate
post graduate studies should be conducted by
the Universities."
The Medical Education Review Committee has also expressed the
opinion that "all admissions to the post-graduate
post graduate cour
courses in any institution
should be open to candidates on an all India basis and there should be no
restriction regarding domicile in the State/UT in which the institution is
located." So also in the policy statement filed by the leaned Attorney General,
the Government of India has categorically expressed the view that:
"So far as admissions to the institutions of post
post- graduate
colleges and special professional colleges is concerned, it should be
entirely on the basis of all India merit subject to constitutio
constitutional
reservations in favour of Scheduled Castes and Scheduled Tribes."
We are, therefore, of the view that so far as admissions to
post graduate courses, such as M.S., M.D. and the like are concerned,
post-graduate
it would be eminently desirable not to provide for any rreservation
based on residence requirement within the State or on institutional
preference. But, having regard to border considerations of equality of
opportunity and institutional continuity in education which has its
own importance and value, we would dir
direct that though residence
requirement within the State shall not be a ground for reservation in
admissions to post graduate courses, a certain percentage of seats
may in the present circumstances, be reserved on the basis of
institutional preference in the sense that a student who has passed
M.B.B.S. course from a medical college or university may be given
preference for admission to the post
post-graduate course in the same
medical colleges or university but such reservation on the basis of
institutional preference
preference should not in any event exceed 50 per cent of
the total number of open seats available for admission to the post
post-
graduate course. This outer limit which we are fixing will also be
subject to revision on the lower side by the Indian Medical Council in
the same manner as directed by us in the case of admissions to the
M.B.B.S. course. But, even in regard, to admissions to the post
post-
graduate course, we would direct that so far as super specialities such
as neuro-
neuro surgery and cardiology are concerned, ther
there should be no

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reservation at all even on the basis of institutional preference and

admissions should be granted purely on merit on all India basis.”

24. In Kailash Chand SharmaVs. State of Rajasthan and Others;

Others

2002 (6) SCC 562,

562 the apex Court, while conside
considering
ring the question whether the

domiciles of the particular districts of the State of Rajasthan could be given

extra bonus marks in the selection process only on the basis of residence and

whether the said exercise was constitutionally valid when tested on tthe
he

touchstone of Articles 14 and 16 of the Constitution of India, held that We

have no doubt that such a sweeping argument which has the overtones of

parochialism is liable to be rejected on the plain terms of Article 16(2) and in

the light of Article 16(3).

16(3). An argument of this nature flies in the face of the

peremptory language of Article 16(2) and runs counter to our constitutional

ethos founded on unity and integrity of the nation. Attempts to prefer

candidates of a local area in the State were nipped in the bud by this Court

since long past. We would like to reiterate that residence by itself — be it

within a State, region, district or lesser area within a district cannot be a

ground to accord preferential treatment or reservation, save as provided in

Article
ticle 16(3). It is not possible to compartmentalize the State into districts

with a view to offer employment to the residents of that district on a

preferential basis.”

25. In V.N. Sunanda Reddy Vs. State of Andhara Pradesh; AIR

1995 SC 914,
914 the apex Court had struck down 5 marks for passing Telugu

language.

26. The Full Bench of this Court in Abhishek Rishi Vs. State of

Punjab; ILR (2013) P&H 957 in CWP-11071

11071-2011
2011 has set aside five

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additional marks to the candidates who had passed Middle and Matriculation

from the Schools situated in rural areas of the State of Punjab and has

observed as under:-
under:

“42. In our view both the studies can at best be seen as

symptomatic of the ills that rural students may face to reach the
level of university education in the miniscul
miniscule proportion. The
studies do not address the question of public employment which
is required to be governed by constitutional and statutory
provisions. In the present case, our concern is with employment
and service rules framed under the Panchayti Raj Act
Act, 1994. The
Division Bench in Sudesh Rani did not consider the effect of
Article 16(3) and Article 35 of the Constitution of India The
Award of 5 additional marks to the candidates who passed 8th
and 10th standard examination from rural areas was upheld
solely on the basis of the publication of the University which did
solely
not form material before the Government for grant of
concessions inter alia involving residence and domicile. The
studies to our mind do not form quantifiable data and empirical,
scientific study
study originating or sponsored through it own official
agencies bearing the stamp of the Government in the matter of
public employment to fall in the exception carved out in Kailash
Chand Sharma case, and therefore, has not been correctly
decided and is not good law. Data culled out from contact with a
small group of university students is not the best material to
sustain validity of rules of employment and confer benefits of far
reaching consequences or to safely rely upon it. These academic
studies did not make any recommendation for employment or
grant of marks for rural education at the level of eighth and
tenth standard. The ratio of law laid down in Pradeep Jain v.
Union of India; AIR 1984 SC 1420 is applicable for purposes of
admission to colleges and is not intended to be the law of
employment in public services.”
services.

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27. In State of Himachal Pradesh Vs. Amarnath Sharma; 1994 (4)

SLR 436 the apex Court has held as under:-

under:

“8. So far as the weightage provided for the candidates

belonging to a family which has no member in the organised
employment, we are of the view that the High Court was justified
in holding the same to be arbitrary. There is no justification for
providing any weightage or incentive for a class of citizens
which is not socially and educationally backward. An affluent
family having education and social status cannot be given any
preference in the matters relating to employment or appointment
to any office under the State in the scheme of Articles 14 and 16
of the Constitution of India. We, therefore, agree with the High
Court and set aside the weightage of 10 marks for a candidate
"belonging to a family for whom not even one member is in
organized employment". This shall operate prospectively from
the date of this judgment. Any selection made prior to the date of
this judgment, on the basis of the memorandum shall be
considered valid.

9. The High Court, in our view, was not justified in

quashing the
the selection procedure. The High Court has acted
merely on surmises and conjectures. We have not been able to
find any material illegality in the conduct of interviews. Simply
because a candidate obtained less marks for educational
qualifications and more marks in the interview, it is no ground
to reach the conclusion that the candidate was favoured. The
special selection committees at various district levels adopted
their own procedure to hold the interviews. At some places lump
sum marks were awarded in respect
respect of general knowledge and
personality whereas at other places 20 marks were divided into
general knowledge and personality separately. We see no
illegality in the manner of holding the interviews. We, therefore,
set aside the findings of the High Cou
Court and hold that the
interviews were held properly.”
properly.

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28. Articles 15(1) and (2) of the Constitution restrained from making

discrimination on the ground of placed of birth and reads as under:

under:-

15 (1) The State shall not discriminate against any

citizen on grounds
nds only of religion, race, caste, sex, place
of birth or any of them.

15 (2) No citizen shall, on grounds only of religion, race,

caste, sex, place of birth or any of them, be subject to any
disability, liability, restriction or condition with regard
to—

(a) access to shops, public restaurants, hotels and places

of public entertainment; or

(b) The use of wells, tanks, bathing ghats, roads and

places of public resort maintained wholly or partly out of
State funds or dedicated to the use of the general publi
public.”

29. Article 16(2) of the Constitution of India provides that 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.

30. We further find that the respondents

respondents-State
State has conducted the

entire selection in a wholly slipshod manner. The notification of granting the

bonus marks of 5% for socio economic criteria and experience is not based on

any Rules framed

framed under the proviso to Article 309 of the Constitution of

India. It is also noticed that no data was collected before laying down such a

socio economic criteria. We also find that while in the preliminary

examination, 5% bonus marks on the basis of socio eeconomic

conomic criteria have

been added. In the main exam and the same has been reduced to 2.5% and

there is no reason coming forward. We further find that on

oncee the reservations

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have already been provided statutorily under the EWS category, as well as on

account of social backwardness by providing reservation for backward class,

further granting benefit under socio economic criteria would lead to breach of

50% ceiling limit as laid down in Indira Sawhney Vs Union Of India And

Ors ; AIR 2000 Supreme Court 498 and rrecognized

ecognized by the Constitution

framers while making amendment in Article 16 (4) (b). This Court finds that

what cannot be done directly cannot be done indirectly.

31. This Court finds that the socio economic criteria which has been

introduced by the respondents is clearly an act of arbitrariness and

discrimination created to the similarly situated persons and no person ought to

be given benefits. The notification dated 05.05.2022

05.05.2022, whereby marks have

been granted on the basis socio economic criteria

criteria, is clearly unjustified.
njustified. It is

submitted that the granting of 10 marks on the basis of socio economic

criteria experience completely changes the result of a competitive

examination. Marks have been allotted to those applicants whose father died

or who is a widow or who is from Vimukt Jaati

aati and Teprivas Jati.. It is only

available to a person who is having a Haryana domicile and place of residence

which is completely against the provisions of the Constitution. We find that

the law has been well settled by the Hon’ble Supreme Court that weightage

on the basis of residence cannot be allowed to be granted. The Right to

Equality,, as enshrined in the Constitution, has been violated and a class has

been created based on the family background simplicitor which does not have

any intangible differentia. The candidates whose parent

parents are in Government

job, would be denied 5% weightage while the ward of a shop keeper or a

private job holder would be entitled for 5% weightage and ward of a nurse or

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peon doctor employed

employe in the State Government would be denied the said

benefit.

32. The criteria also provides for gross annual family income to be

less than `1,80,000/

1,80,000/-. Thus,
hus, a separate criteria of economically backward

class has been carved out which goes beyond the reservations already

provided to economically
economically weaker sections of the society
society.

33. We also find that the definition of “family” for the purpose of

socio economic criteria includes all members namely father, mother, wife,
wife

unmarried brother and unmarried son. Thus,

hus, a person having an uunmarried
married

brother, who is employed, would be deprived from being given the benefit of

bonus marks under the socio economic criteria. A widow has been granted the

benefit while an unmarried daughter has not been given any benefit nor any

divorcee has been given any benefit whereas, all three categories
ategories of women

are not self-sufficient.

sufficient.

34. The socio economic criteria is also subject to entries in Parivar

Pehchan Patra which is only available for the residents of Haryana. 5%

weightage have also been allotted to the residents of Haryana belonging to

denotified Tribe whereas, there is not Scheduled Tribe recognized in the State

of Haryana.

35. From the perusal of the various conditions laid down in

Annexure A as noticed hereinabove, we find tthat

hat the same does not have any

nexus to the purpose sought to be achieved. No State can restrict employment

to its own residents alone by allowing the benefit of 5% weightage in marks.

The respondents have created an artificial classification to the simila

similarly
rly

situated candidates applying for the post.

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36. In M. Nagraj Vs. Union of India ; 2006 (8) SCC 212,, the

Constitution Bench of the apex Court has held that any reservation which may

be introduced in the Constitution, cannot be applied ipso facto without

conducting an exercise as to whether the proposed reservation is required or

not. The State’s services and posts are not to be doled out as per the choice of

the law makers. The Rules are required to be framed after actual data and

reaching to a conclusion
conclusion thereto. It cannot be based on the political agendas.

37. We find from the written submissions of the State as noticed

above, that they have miserably failed to understand the ethos of the

provisions of the Constitution of India. Once the provisions have been laid

down under the Articles 15 and 16 and under the Directive Principles, the

same would apply PAN Bharat and the State Government cannot be allowed

to introduce special reservations of a nature in public employment where all

the citizens are entitled

entitled to participate and seek employment.

38. In the opinion of this Court, reservations is required to be

adopted by the concerned State Government in terms of Articles 15 and 16,

16

limited to the extent of the requirements of a particular reserved category

available in the said State.

39. In Bir Singh Vs. Delhi Jal Board and Otherwise ; (2018) 10

SCC 312, the Supreme Court has held as under:

under:-

“34. It is an unquestionable principle of

interpretation that interrelated statutory as well as constitutional
provisions have to be harmoniously construed and
understood so as to avoid making any provision nugatory
and redundant. If the list of Scheduled Castes/Scheduled
Tribes in the Presidential Orders under Article 341/342 is
subject to alteration only by laws made by Parliament,

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operation of the lists of Scheduled Castes and Scheduled

Tribes beyond the classes or categories enumerated under the
Presidential Order for a particular State/Union Territory
by exercise of the enabling power vested by Article 16(4) would
have the obvious effect of circumventing the specific
constitutional provisions
provisions in Articles 341/342. In this regard, it
must also be noted that the power under Article 16(4) is not
only capable of being exercised by a legislative
provision/enactment but also by an Executive Order
issued under Article 166 of the Constitution. It will, therefore,
be in consonance with the constitutional scheme to understand
the enabling provision under Article 16(4) to be available to
provide reservation only to the classes or categories of
Scheduled Castes/Scheduled Tribes enumerated in the
Presidential orders for a particular State/Union Territory within
the geographical area of that State and not beyond. If in the
opinion of a State it is necessary to extend the benefit of
reservation to a class/category of Scheduled
Castes/Scheduled Tribes beyond those specified in the
Lists for that particular State, constitutional discipline
would require the State to make its views in the matter
prevail with the central authority so as to enable an appropriate
parliamentary exercise to be made by an amendment of the Lists
of Scheduled Castes/Scheduled Tribes for that particular
State. Unilateral action by States on the touchstone of
Article 16(4) of the Constitution could be a possible
trigger point of constitutional
constitutional anarchy and therefore
must be held to be impermissible under the Constitution
Constitution.”

40. While principally we agree that the State has to follow the

provisions which are for the welfare of the people, but they cannot create an

artificial classification
classification which results in discrimination between similarly

placed persons. All the candidates who apply for the post are equally entitled

to selection based on the common examination conducted for all. Granting

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additional marks to persons who are locally plac

placed
ed and who have Haryana

Parivar Pehchan Patar in their possession, reflects that while the State has

deleted the words “who is bonafide residents of Haryana” by making an

amendment on 20.02.2023, the requirement continues under the socio

economic criteria for grant of marks.

41. In Ganga Ram Moolchandani vs State Of Rajasthan And Ors

; 2001 (6) SCC 89, the Supreme Court has held as under:
under:-

“14. In the present case, the attack to the Rule has been
resisted on the sole ground that the classification, confining
Advocates practising in the Rajasthan High Court or courts
subordinate thereto for being eligible for consideration to
Rajasthan Higher Judicial Service, has reasonable nexus that
they have knowledge of local laws and regional language.
Question is whether,
whether, in fact, this ground, exists or not? Rule 11
of the Rajasthan Judicial Service Rules which relates to
appointment in subordinate Judicial Service in Rajasthan lays
down that any Advocate who has practised in any court
throughout the territory of India is eligible for the post of
Munsif. For the post of Munsif, knowledge of local law and
regional language is much more required. The said Rule 11
further lays down that a candidate must possess a thorough
knowledge of Hindi written in Devnagri Script. Thus fo
for
recruitment to the post of Munsif, there is no requirement that a
person should have knowledge of local laws and regional
language. If for appointment in subordinate judicial service,
neither there is any requirement of knowledge of local laws nor
regional language, we really fail to understand how the same is
regional
required for higher judicial service in the very same State, i.e.,
in the State of Rajasthan. Thus, we find that the ground taken by
respondent No.2, that purpose of framing such a rule is
knowledge of local law and regional language in order to stand
the test of Article 14 of the Constitution, is fallacious.”

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42. Thus, we find that on the anvil of Articles 14, 15 and 16 of the

Constitution of India, socio economic criteria adopted by the respondents is

violative and seeks to create a class of unequals amongst equals.

43. We further
further find that there is no nexus of grant
granting 5% marks in

the CET examination and then again granting 2.5

2.5% marks in the examination

for selection for the post on the basis of socio economic criteria.

44. From the submissions of the State, it is also seen that the criteria

has been introduced by the Chief

Chief Secretary and even the State Executive

while exercising powers under Article 162 of the Constitution of India, cannot

be allowed to tinker with the Rules for selection framed under Article 309 of

the Constitution of India passed by the Legislature. It is also not placed before

us whether the said socio economic criteria was sanctioned by the Governor

of the State of Haryana. The provisions, therefore, need to be set aside as they

have no sanctity in law.

45. This Court agrees with the submissions raised bby

y the counsel for

the petitioners that granting/allowing additional marks for socio economic

criteria and experience would further impact on the inter se seniority on the

meritorious candidates as the seniority is to be prepared on the basis of the

marks obtained
btained and merit in a direct recruitment selection process.

46. In view of the law as laid down in the Kailash Chand Sharma’s
’s

case (Supra),, the bonus marks allotted on the basis of the socio economic

criteria are declared to be illegal. The State would, therefore, be required to

prepare a fresh merit list based solely on the marks obtained in the CET exam.

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Discussion relating to LPA and the order passed by the learned Single
Judge dated 04.08.2023

47. Learned Single judge vide his judgment dated 04.08.202

04.08.2023
3,

considered the notification dated 05.05.2022 issued by the State of Haryana

for recruitment to Group-C

Group C & D through Common Eligibility Test
Test-2022(CET)
2022(CET)

and found that the CET was conducted on 05/06.11.2022 by the Commission

and the result was declared first time on 10.01.2023. On 01.02.2023, the

Commission issued a Public Notice informing all the candidates that if they

have wrongly raised a claim with regard to the marks under the socio

economic criteria, the claim may be withdrawn

withdrawn, failing which, the candidature
dature

of the defaulting candidates will be summarily rejected. Another notice was

issued on 10.03.2023.

48. In the meanwhile, the Commission issued another advertisement

on 07.03.2023 advertising various posts which were to be filled by written

examination to be conducted for those candidates who fulfilled the required

eligibility conditions. The merit list for calling candidates for interview was to

be prepared on the basis of the written test to be held for selection. The

candidates were to be called for written

written test equal to five times the number of

posts advertised,
advertised based on the merit of the CET score.

49. Learned single Judge,

Judge, therefore, reached to the conclusion that

the CET score is the basis for the process to be undertaken for selection in

pursuance to the advertisement dated 07.03.2023

07.03.2023. After
fter considering all the

facts, learned single judge has reached to the conclusion that the written

examination for selection to the various posts had been conducted on

05/06.08.2023.
2023. Those candidates,
candidates who had withdrawn their claim for marks

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under the socio economic criteria, have been given benefit of the same and

have been placed in the merit list which was released on 25.07.2023.

Candidates were called to appear in the exam wrongfully and even the revised

merit list was

as not adhered to as certain candidates
candidates, who had higher marks,
marks

have not been called whereas,

whereas candidates with lower CET score, have been

called. While hearing the cases,, following order was passed by this Court on

28.02.2024:-

“It is informed by learned Advocate General, Haryana

that the original writ petitioners i.e. Haryana Staff Selection
Commission points out that the result published by the Haryana
Staff Selection Commission on 25.07.2023 was not finalized and
even thereafter, persons were allowed to withdraw their claim
relating to the socio-economic
socio economic category upto 29th July, 2023.
However, after 29th July, 2023, no fresh result was declared.
The respondents have not explained as to how the candidates
knew about their respective position of marks. Cer
Certain
documents have been handed over to us by the Advocate
General, Haryana which also reflects that the Ex
Ex-Serviceman
who had originally been granted socio
socio-economic marks upto 05
marks were found to be not entitled to those marks. However,
out of those 51,
51, there are 04 of them who have been granted
socio economic marks on other categoric reason. Thus, it is
socio-economic
apparent that certain revised result was required to be
published, more-so,
more so, as for each group of examination, for total
number of posts, 04 times candidates
candidates were required to be called
as per the merit of the CET. This Court is unable to understand
as to how without the result being published, candidates would
come to know about their respective result for participating in
the examination.
An affidavit inn this regard be filed by the Haryana Staff
Selection Commission as to what modus operandi was adopted
by them for conducting the examination for the 26 groups for
which the examination have already been held. The affidavit

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shall be filed along with the relevant

relevant documents for the said
purpose. It would be appropriate to call the Secretary, Haryana
Staff Selection Commission to assist the Court in this respect
also.
List this case again on 06.03.2024.”

50. In response to the said order, a consolidated reply by way of an

affidavit of Sh. Vinay Kumar, Secretary, Haryana Staff Selection Commission

was filed wherein it is stated that as per the CET result dated 10.01.2023,

2,92,175 candidates qualified the CET written examination and 65,389

candidates qualified provisionally.

pro 1,583 candidates
candidates, who secured 38 marks

and above but below 47.50

47.5 marks in the CET, were allowed to submit their

application form for recruitment to Group-C

Group C post as they had applied the

claim for their category and therefore, in the second stage examination, the

total number of candidates who could apply under the advertisement dated

07.03.2023 were 3,59,147. The total 2,68,400 approx. candidates claim marks

for socio economic criteria out of which 1,48,654 aprox.. have foregone their

claims. Approximately 1,00,000 candidates verified their claims and

approximately 41,587 candidates have already withdrawn their claims in

pursuance of the notices. It is stated in the affidavit that the candidates who

had claimed five

fiv marks on account of socio economic criteria and who are not

actually entitled, were given opportunity by the Commission to

withdraw/forego their claims by issuing notice on 01.02.2023, 16.02.2023,

24.02.2023 and 02.03.2023, 07.03.2023, 10.03.2023 and 227.07.2023.

51. However, we find that in the affidavit, it is further stated that on

27.07.2023,
.07.2023, further opportunity was given to forego/withdraw the marks

under socio economic criteria till 29.07.2023 by 11.59 p.m. and accordingly

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6,223 candidates in addition to

to 23,354 candidates had again foregone their

socio economic criteria marks from 27.07.2023 to 29.07.2023

29.07.2023.

52. It is also admitted in the affidavit by the respondents that the

final result of the CET was declared on 25.07.2023 and thereafter, the

affidavit is completely
ompletely silent as to how candidates were allowed to participate

in the examination (second stage) without there being any result published of

the CET score,

score after the candidates had forgone their socio economic criteria

marks.

53. Apparently, all these candidates who had forgone their socio

economic criteria marks would be placed lower in merit after reducing their

marks by five as per the Scheme.. The said candidates were allowed to appear

in the second stage examination which requi

required five times or four times

number of candidates to participate for each group based on the CET score.

54. It is also stated on oath that the Commission had corrected all the

data relating to candidates belonging to the Ex

Ex-servicemen
servicemen (ESM) category up

to 29.07.2023
7.2023, while the result was revised on 25.07.2023. A report in this

regard has been submitted with the affidavit as Annexure A-1.

55. We find that ESM category has been allotted five marks for the

socio economic criteria such as Jogender Singh (General) shown at Sr. No.31
31

attached with the affidavit, Vikas Kumar (General), Rahul (B.C.),, Arjun

Singh (S.C.),, Krishan Kumar (General),, Subhash Chandra (General),, Sunil

Kumar (B.C.),
(B.C.) Vikash(General) and Sandeep Kumar (General).While
While in the

affidavit, it has been stated that no ESM category candidate has been awarded

marks for socio economic criteria under the head “No family member has

been in Government job”.

job . Thus, the persons have been wrongfully allowed

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the benefit of socio economic

conomic criteria marks from the ESM category also
also, who

were themselves in job.

56. It is stated in the affidavit that the Commission has exercised

abundant caution in preparation of the CET result before proceedings to the

second stage of examination, but we find

find that the second stage examination

was conducted on 07.08.2023 and till 29.07.2023, the candidates were being

given option to forego their socio economic criteria marks. Thus, the CET

score, which is to be calculated on the basis of the marks obtained iin

n the CET

+ socio economic criteria,

criteria would have changed upon foregoing of socio

economic criteria marks,

marks but all these candidates were allowed to participate

and applied under the second stage examination much before they opted for

foregoing the same.

57. The advertisement after the second stage examination, as noticed

above, was issued on 07.03.2023 and the candidates have applied in terms of

the result declared on 10.01.2023

.2023 which stood revised on 25.07.2023, no

opportunity has been given to candidates to apply thereafter. The CET score

of the candidates was calculated by including m

marks
arks in the written

examination + weightage given to such candidates based on the socio

economic criteria and that total marks were to be the basis for competing for

the post under

nder the advertisement dated 07.03.2023.

58. Since the result itself was revised on 25.07.2023, and the CET

score continued to be changed even thereafter by giving an opportunity to

candidates and as many as 6,223 candidates have withdrawn/foregone their

claim, their CET score would have to be revised. It is noticed that the CET

score was thereafter not revised and no result has been declared.

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59. The facts which have come on record from the affidavit, reflect

that the findings arrived at by the learned Single Judge are correct.

60. We also noticed that the learned Advocate General, Haryana had

conceded to the fact that certain candidates who had claimed the benefit of

extra marks against the weightage given under socio economic criteria,
criteria

though they were not entitled for the same, have subsequently

withdrawn/foregone their claims. This concession made before the learned

Single judge is also reflected from the affidavit filed by the Secretary,

Commission.
n. The second stage examination, ther
therefore, cannot
ot be said to be in

consonance and in accordance with law and Rules laid down by the State.

61. The contention of the Commission

Commission with regard to the short listing

of the candidates is also found to be not acceptable on merits. It is to be

noticed thatt as per the affidavit, the Commission had advertised 401

categories which were divided into 63 groups which required similar

educational qualifications. Instead of filling

fi ling the application forms for each

401categories, choice for filling of categories was given to the candidates and

it was upto the candidates that they may apply for the categories/groups as per

their qualifications
qualification and experience etc. required for the posts and therefore,
therefore

there was no limitation on the number of posts to be applied by the

candidates.

62. It is further stated in the affidavit that out of 63 groups, where the

number of successful
succ candidates is lesser
er than four/five times of the

advertised posts, the Commission had conducted a skill written examination

of those 24 groups wherein all

a the CET qualified candidates had been called

for skill/written
written examination who had applied for that group
groups and the

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examination was conducted in terms of the interim order passed by this Court

on 19.12.2023. It would be apposite to quote the status of result of those 24

groups as mentioned by the Commission which is as under:

under:-

“Where
Where applicants are less than 4/5 times.

Group Name of the Group No. of Applicants Shortlisted Ratio

No. Post
16 Staff Nurse 1554 2328 2328 1.50 Result out
17 Junior Coach 192 436 436 2.27 Result out
22 SA/ALM/Electrician 6576 15919 15919 2.42 Result out
23 VLDA 747 1506 1506 2.02 Result out
30 Fire Operator-cum-
Operator 2108 3853 3853 1.83 Result out
Driver
32 MPHW 494 1168 1168 2.36 Result out
43 Dispenser Ayurveda 158 488 488 3.09 Result out
47 Ophthalmic Assistant 40 86 86 2.15 Result out
48 Operation Theater 121 272 272 2.25 Result out
Assistant

Where Eligible candidates are less than 4/5 times.

Group Name of the Group No. of Applicants Eligible/ Ratio

No. Post Shortlisted
candidates
11 Dietician 26 365 65 2.50 Result out
12 Fire Station Officer 8 755 34 4.25 Result out
13 Feature Writer, 14 563 38 2.71 Result out
AI&PRO Posts
19 Boiler Attendant 3 215 2 0.67 Result out
24 Sub Fire Officer 33 671 60 1.82 Result out
28 Modeller 4 141 1 0.25 Result out
35 Laboratoryy Technician- 15 247 68 4.53 Result out
Veterinary
46 Dental Hygienist 35 181 20 0.57 Result out
51 Motor Winder 9 143 9 1.00 Result out
52 Dispender (Unani) 4 123 10 2.50 Result out
55 Work Supervisor 200 1125 127 0.64 Result out
20 Assistant Manager 168 1820 846 5.04 Result Pending
Dairying
44 Radiographer 68 416 79 1.16 Result Pending
49B (10+2) Science Group 304 1757 630 2.07 Result Pending
50 Indian Cook 10 419 56 5.60 Result Pending”
Pending

63. Thus, we find that while in some cases, the eligible shortlisted

candidates are even less than the number of posts, other candidates who could

not apply on account of their CET score lesser than others, who marched over

them on account
ount of socio economic criteria, have been left out. For Boiler

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Attendant, there were three posts and only two candidates have been

shortlisted without there being any reason although 215 candidates have

applied. Similarly, for the four posts of Modeller, only one candidate has been

shortlisted. For four posts of Dispender (Unani), there are only 10 candidates

who have been shortlisted and for the post of Motor Winder, there are 9 posts

and only 9 candidates have been shortlisted.

shortliste

64. We therefore, fail to understand as to the method and manner

We,

examination has
ha been conducted. It is apparent that there has been a complete

non-application
application of mind in short-listing
short listing candidates or it can be said that there

has been some favoritism done. When there are on record more than 10 times

applications, there was no occasion to shortlist candidates less than the total

number of posts.
posts

65. This Court also notices that for various posts a common skill

test/written
tten examination was conducted with the condition that the

distribution and allocation shall be on merit base and as per the options given

by the successful candidates. Thus, there is no cut

cut-off prepared and while an

applicant has moved his application for different categories of posts in one

group, he has been considered individually against the group as one candidate

for all the posts.

66. The respondents have asserted in the affidavit that they have

shortlisted four times candidates to the number of posts. It is also asserted that

after short-list
listing 4 times candidates, if there is any shortage of candidates

under one category, then more candidates from that category have been

accommodated on merit,
merit but factually, we find this to be not correct ass per our

finding hereinabove.
hereinabove It is apparentt that against larger number of posts, less

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number of candidates have beenn shortlisted. The affidavit is, thus, found to be

incorrect and misleading.

67. We also find that only for groups 56 and 57

57, where the posts

were in huge numbers, short-listing

short listing has been done amongst the candidates

who have given their wrong CET score. The final result of the CET was never

published. By
y our interim order,
order the
he result of posts namely Group
Group-56
56 and 57

i.e. Common Graduate Level Post and Common High Secondary Level Post

have nott been declared. The result of Civil Engineer post and Electrical

Engineer post has also been declared,, while the other posts, where there was

less number of posts, the respondents have appointed the persons.

68. We have already held that the socio economic cr

criteria adopted by

the respondents for giving bonus marks was illegal and the same has also

been included upto maximum 2.5

.5 marks in the examination conducted for

filling the post in the second stage, the result of the second stage examination

for the various

variou posts has to be declared as illegal and is required to be struck

down.

69. Having heard at length the Advocate

Advocate General, Haryana and af
after
ter

having perused the consolidated reply filed by way of an affidavit of the

Secretary, Commission, we find ourselves unable to accept the method and

manner in which the entire selection has been conducted which has resulted in

encouraging favoritism and illegally allowing candidates to participate in the

selection process although theyy had wrongfully claimed bonus marks.

70. We find it surprising that the Commission should give

opportunity to such unscrupulous candidates to withdraw

withdraw/forego their claim

of socio
o economic criteria which they have already availed and which was

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made a basis for their being allowed to participate and apply for the selection

conducted by the Commission based on the result published on 10.01.2023

which has been subsequently revised drastically

drastically on 225.07.2023.
.07.2023. The result

declared on 25.07.2023 has also been admitted to be not final as again

candidates were allowed to forego their claim relating to the CET score upto

29.07.2023 and as per the affidavit 6,223 candidates were further allowed

upto 29.07.2023 to get their CET score revised. Instead of taking action

against such candidates who had claimed wrongfully benefit of socio

economic criteria, the Commission has allowed these persons to participate in

the examination
xamination and has also selected them. The entire examination smacks of

bungling and favoritism.

favor

71. The Commission which formed under Article 320 of the

Constitution of India is a statutory body which is required to conduct

examinations fairly and impartially.

y. Although, the Advocate General,

Haryana has conceded before the learned Single Judge about the

irregularities, which have been noted by him, a different picture was

presented before the Division Bench and interim orders were passed resulting

in further complication of the selection. In the opinion of this Court, once a

concession is made before the learned Single Judge, no Appeal would lie

before the Division Bench.

72. We are satisfied that the result of CET declared by the

respondents on 10.01.2023 which was further revised

revised, are not in accordance

with law and the same deserves to be scrapped.

apped.

73. Further we also in the agreement with the findings of the learned
Further,

Single Judge that the ineligible candidates have been given marks under socio

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economic criteria
criter which has resulted in their participation in the second stage

examination, their
t subsequent result, therefore, on the second stage has also

been vitiated.

74. Learned Single Judge has made the following findings:

findings:-

“ XXX XXXX XXXX

Once it is conceded bef
before this Court that the
candidates have been given marks merely on the basis that
they have claimed the same in their applications without
verifying the genuinity of the supporting documents attached
by them with their applications, any merit list prepared in
pursuance to the same cannot be treated as a result of fair and
transparent process. The grievance being raised by the
petitioners is very much genuine. Till the CET score is
prepared in a transparent manner by evaluating the claim of
all the eligible candidates qua their entitlement against extra
marks under the socio economic criteria, revised merit list
cannot be treated to be correct, satisfying or prepared through
evolving a fair process.
Further, the assertion of the learned Advocate
General, Haryana
yana that in case a candidate has been given
extra marks under the socio economic criteria wrongly, his
candidature will be rejected even if he participates in the
selection process in pursuance to the advertisement dated
07.03.2023 at the stage of verific
verification of the documents but
the said arguments cannot be accepted for the reason that the
said candidate who has been wrongly given the benefit of
extra marks will not just participate in the selection process
without entitlement but will also oust a genuin
genuine candidate
from the zone of consideration who is otherwise eligible from
participating for selection and appointment in pursuance to
the advertisement dated 07.03.2023, which selection process
restricts the number of candidates to be called for
selection/appointment
appointment in pursuance to the said advertisement
to three/four times of the vacancies advertised.
XXX XXXX XXXX”

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75. The said findings of the learned Single Judge are perfectly in

consonance with law and reflect the wrongful manner in which the entire

selection process has been conducted. We cannot, therefore, uphold

hold the

selection made on the basis of the advertisement dated 07.03.2023 and the

appointments if any made, cannot be sustained in law.

76. Since, several

several persons have been impleaded as parties to these

petitions/LPAs. In view of the judgement passed by the Supreme Court in the

case of Arun Tewari Vs. Zila MansaviShikshak Sangh;

Sangh;1998(1) SCT 533 wherein

it is held as under:-
under:

12. All the original applicants before the Tribunal who have
challenged the provisions for recruitment of Assistant Teachers under
the Operation Black Board Scheme did not possess the requisite
qualifications for being selected under the said scheme as Assistant
Teachers. Their names do not figure among the lists forwarded by the
concerned District Employment Exchanges. Surprisingly, the
applications filed by all these persons and/or groups before the
Tribunal did not make the selected/appointed candidates who were
directly affected by
by the outcome of their applications, as party
respondents. The Tribunal has passed the impugned order without
making them parties or issuing notice to any of them. The entire
exercise is seriously distorted because of this omission. They have
now filed the present appeals after they have been granted leave to
file the appeals. In the case of Prabodh Verma & Ors. Vs. State of
Uttar Pradesh & Ors. (1984 [4] SCC 251 at page 273), this court
observed that in the
the case before them there was a serious defect of
non joinder of necessary parties and the only respondents to the
non-joinder
Sangh's petition were the State of Uttar Pradesh and its concerned
officers. The employees who were directly concerned w
where not made
parties -- not even by joining some of them in a representative
capacity, considering that their number was too large for all of them
to be joined individually as respondents. This Court observed that
High Court ought not have decided a writ petition under Article
226 of the Constitution without the persons who would be vitally
affected by its judgment being before it as respondents or at leas
lease

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some of them before it as respondents in a representative capacity.

These observations apply with equal force here. The same view has
These
been reiterated by this Court in Ishwar Singh & Ors. Vs. Kuldip Singh
& Ors. (1995 Supp [1] SCC 179), where the Court said that a writ
petition challenging selection and appointments without iimpleading
the selected candidates was not maintainable. (Vide also J. Jose
Dhanapaul Vs. S. Thomas & Ors. (1996 [[2] SCT 512, paragraph 4).
On this ground alone the decision of the Tribunal is vitiated.
However, even on merit we do not find that the judgment of the
Tribunal can be sustained.”

77. In view of the sufficient representation, we need not implead

each and everyone

every as parties to these cases.

78. It is apparent that since the selection

selections and appointments have

been made by the respondents during the pendency of these cases, it is for the

State/Commission to have taken a decision at their own risk and costs.. Any

appointment made by them in terms of theory of lis pendence will, therefore

have to go.

79. Keeping in view our aforementioned findings, we conclude as

under:-

A) The socio economic criteria introduced vide amendment

notification dated 05.05.2022

.05.2022 is quashed and set aside. The

bonus marks granted on the basis of socio economic criteria

held to be violative of Articles 14

14, 15 and 16 of the

Constitution of India.

B) CET result declared on 10.01.2023 as well as subsequent

result dated 25.07.2023 are quashed

quashed. It is directed that the

fresh merit shall be now prepared solely on the basis of the

CET marks of the candidates who have appeared in the sa

same.
me.

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Making it as a basis, the State/Commission shall now issue a

fresh advertisement for filling up various posts and each

candidate shall be allowed to apply strictly in accordance with

the Rules for the posts and if more than four times applicants

are available for the posts, the

he respondents may lay down a

cut-off
off of the CET for the purpose of participation. The Rules

for examination shall accordingly follow.. The result shall be

declared accordingly.

C) Those candidates, who have been appointed on various posts

on the basis of the earlier result, shall be allowed to

participate in the fresh selection process if they fall in the new

merit list of the CET. Till fresh selection is prepared they

shall be allowed
wed to continue to perform their duties on the

posts to which they have appointed. However, if they are not

selected ultimately in the fresh process

process,, they shall have to

leave the posts and their appointments shall stand terminated

forthwith. No right shall be created in their favour on account

of continuing on the posts nor will they be entitled to claim

any benefit on account of the same except the salary for the

period during which they perform their duties.

D) Keeping in view our findings relating to conduc

conducting
ting of

examination without declaring the result of CET finally by

the Commission,
ssion, we direct the Chief Secretary, Haryana to

take steps to appoint a suitable candidate having experience

of conducting examinations as Secretary of the Haryana Staff

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Selection like the Controller of Examinations of any State

Universities.

E) In order to maintain transparency and consistency,, the

Commission is henceforth directed to frame Rules of the

Commission for conducting of its examinationss without

leaving any discretion

etion for its officials or Members to take

decisions on their whims and fancies which has resulted in the

present litigation.

F) The exercise shall be completed afresh positively within a

period of six months.

80. All the Writ Petitions are accordingly allowed and all the LPAs

are dismissed.

81. Pending applications, if any, shall stand disposed of accordingly.

[SANJEEV
SANJEEV PRAKASH SHARMA
SHARMA]
JUDGE

[SUDEEPTI SHARMA
SHARMA]
JUDGE
May 31,, 2024
Ess Kay

Whether speaking / reasoned : Yes / No

Whether Reportable : Yes / No

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