In this post we will be discussing the decision of Punjab and Haryana high court as they has restrained the Union and Haryana governments from finalizing the candidates for final selection into the coveted IAS from non-state civil services officers’ quota in Haryana.
The petitioner’s main grouse in this case is the Haryana government’s decision to conduct a written examination for selection on IAS from non-state civil services quota.
In his plea before CAT, the petitioner had challenged the June 9 decision of the state government through which it (state) had asked the HPSC to hold a written examination for selection of IAS from non-state civil services officers’ quota. In his plea filed before the CAT, the petitioner argued that the decision to conduct written examination is ultra vires of the All India Service Act, 1951, the Rules and
Regulations framed there under. His argument was that the state has absolutely no role to play in this regard.
The Haryana government, however, had argued that it is assigned the role under Regulation 4 of the rules to decide whether or not a candidate to be considered under the Non-SCS category is of ‘outstanding merit and ability’ and it is only in that context that decision to hold examination was taken so that the actual performance of the officer is assessed.
All India Service Act, 1951-In this Act, the expression “an all-India Service’ means the service known as the Indian Administrative Service or the service known as the Indian Police Service. The Punjab and Haryana high court decision that they has stayed the final selection of candidates for the five posts of Indian Administrative Service (IAS) from amongst the non-state civil service (non-SCS) officers in Haryana.
The Chandigarh CAT bench had dismissed Dahiya’s plea on August 7, observing that it is difficult to accept that the state has exceeded the legislative competence of the state. It had also observed that Dahiya could have a genuine apprehension in case he is required to compete in the written examination with fresh candidates. Aggrieved from dismissal of his plea, Dahiya approached the HC, seeking directions to quash the decision of Haryana government prescribing written examination for IAS post. The case would now come up for further hearing on August 26.