Every year a number of vacancies are made available to the State Government employees for Haryana Civil Services. Recently, an aspiring candidate named Kavita Kumari, challenged the selection process. The High Court of Punjab and Haryana held that a candidate after duly participating in the selection process of an examination cannot subsequently challenge the selection process in furtherance of his/her failure or non-appointment in the selection process.

Challenging Selection in High Court Chandigarh
Challenging Selection in High Court Chandigarh

Rule 10 (3) of Haryana Civil Services (Executive Branch) Amendment Rules, 2019

  1. Selection of Candidates for Register A-II:-

 (3) The Commission shall allow all such candidates recommended under the provisions of sub-rule (1) to appear in the written examination provisionally subject to the fulfillment of all eligibility conditions and after conducting a written test, the Commission shall prepare a list of candidates, three times the number of vacancies plus bracketed candidates, if any. Thereafter, the original record of all candidates whose names appear in the said list shall be summoned by the Commission from their Heads of Departments. After scrutiny of original record, interview of eligible candidates shall be conducted by the Commission.

Facts of the Case:

  • Circular no. 41/3/2019-5SII issued by Government of Haryana, Chief Secretary’s Office, Personnel Department dated 24th June, 2019, Haryana Public Service Commission, Panchkula advertised 18 vacancies of HCS (Executive Branch) from Register A-II inclusive of members from Group-C service, vide advertisement no. 4/2019 dated 13.06.2019 with respect to Rule 10 of the Haryana Civil Service (Executive Branch) Rules, 2008.
  • Kavita Kumari, a Haryana Civil Services aspirant, applied for selection into Haryana Civil Services (executive branch) through Register A-II. As mentioned in the circular, these posts were open for employees working with the State Government in Group-C posts. The selection process with respect to the said vacancies has been recently completed by the Haryana Public Service Commission (HPSC) and the selected candidates were duly informed about their appointment and positions in the HCS (Executive Branch). However, Kavita Kumari was not appointed for the said posts and hence, not informed about the same.

Issues:-

Kavita Kumari approached the High Court of Punjab and Haryana while challenging the selection process of HPSC on the following grounds:-

  1. Set aside conditions mentioned in Rule 10 (3) of the HCS (Executive Board) with respect to short-listing of three times candidate based on written test only.
  2. Selection of candidates on the basis of evaluation of service record and further preparation of a merit list on three times meritorious short-listed candidates.

Judgment:-

Division Bench of the Punjab and Haryana High Court comprising of Chief Justice Krishna Murari and Justice Arun Palli, dismissed the plea filed by Kavita Kumari on the basis that, according to conditions mentioned in Rule 10 (3) of the HCS (Executive Branch) Amendment Rules, 2013, after conduct of a written test, the commission is required to make a list of the candidates that would be three times of the number of vacancies made available. After preparation of such a list, the original record of the candidates having their names appear in the list shall be duly summoned by the HPSC from the head of their departments.

Furthermore, the Division Bench held that if a candidate has participated in the selection process and duly adhered to the rules mentioned, whether expressly or impliedly, such candidate cannot challenge the selection process on the basis of failure or non-appointment.

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