Punjab and Haryana High Court Slams HSSC Over Opaque Department Allocation
The Punjab and Haryana High Court has issued a stern rebuke to the Haryana Staff Selection Commission (HSSC) for its arbitrary and non-transparent process in allocating departments to selected candidates. In a landmark ruling, the court directed the Chief Secretaries of Haryana and Punjab to implement clear, lawful, and rational criteria for recruitment and departmental allocation within three months.
Court's Strong Condemnation of HSSC's Actions
Justice Harpreet Singh Brar, presiding over the bench, expressed deep concern over the commission's conduct, stating that the allocation process was "deeply troubling and must be addressed." The court emphasized that merit-based selection must extend beyond preparing a merit list to include departmental allocation, ensuring high-performing candidates receive priority in choosing departments.
Justice Brar warned that any deviation from this principle would violate Articles 14 and 16 of the Constitution, which guarantee equality and equality of opportunity in public employment. "If a candidate who secures higher merit is denied a better department, while a lower-ranked candidate secures a more desirable post, the system becomes irrational and discouraging," the court asserted, highlighting how such practices demoralize meritorious candidates and undermine institutional credibility.
Background of the Petitions and Discrepancies Uncovered
The case came before Justice Brar's bench after petitioners in five pleas challenged HSSC's allotment of their preferred departments to candidates lower in merit. In one instance, a petitioner scoring 65 marks was denied his chosen department, while another candidate with 63 marks was appointed to it. The commission attempted to justify this by citing an internal algorithm that prioritized candidates indicating three or fewer preferences.
However, the court uncovered serious discrepancies. An affidavit filed by the commission secretary revealed that allocation criteria approved in October 2019 were never uploaded to the website. Justice Brar dismissed the commission's claim that all departments offered identical pay scales as a "thinly veiled and unconvincing attempt to trivialise its own misconduct." The court noted that certain departments, like public works or irrigation, are inherently more sought-after, and soliciting preferences implicitly recognized these differences.
Clandestine Practices and Court's Directives
Justice Brar also condemned the clandestine issuance of a public notice on October 25, 2019, which sought departmental preferences from selected candidates without disclosing the allocation criterion adopted three days earlier. "In doing so, the respondent-commission has suffocated the principle of equality in public employment," the judge asserted.
The bench added that the commission's attempts to withhold information from the court led to repeated orders to elicit complete details, with such conduct "deprecated in strictest and strongest terms." The court stressed that selection criteria, once notified, must remain consistent, and any modifications for public interest must be communicated in writing to candidates. Obscurity in methodology, the court noted, creates risks of arbitrariness and manipulation, especially where no statutory rules exist.
Inquiry and Broader Implications for Recruitment
Given the clear case of misconduct, the court directed the Chief Secretary of Haryana to examine the suitability of inquiring into the conduct of HSSC members and office-bearers and take appropriate action against those responsible. Citing legal precedent, Justice Brar emphasized that recruitment processes must be transparent, predictable, and non-arbitrary.
"Whenever the integrity of a recruitment process conducted by a constitutional or statutory authority stands compromised, the Courts are duty-bound to intervene to restore fairness, transparency and meritocracy, which constitute the foundational pillars of public employment under the Constitution," the court added, reinforcing the need for accountability in public sector hiring.
