High Court Imposes Heavy Cost on Haryana for Frivolous Recruitment Applications
The Punjab and Haryana High Court has taken a stern stance against the Haryana government's habitual filing of what it termed "frivolous and vague applications" in recruitment disputes. In a significant ruling, the court imposed a substantial cost of Rs 1.10 lakh on the state authorities for squandering the court's valuable time. This decision underscores the judiciary's growing impatience with procedural delays and technical obstructions in employment matters.
Case Background: Ex-Army Clerk's Recruitment Challenge
The case originated from a petition filed by Hitesh, a former clerk in the Indian Army. He contested notices issued by the Haryana Staff Selection Commission (HSSC) that placed him in the general category for a police constable position, rather than the dependents of ex-servicemen (DESM) category as he had applied. Hitesh had successfully qualified for the Common Eligibility Test (CET) in October 2022 under the DESM category and advanced to subsequent selection stages.
However, during the recruitment process, authorities abruptly shifted him to the general category. Their justification was that Hitesh failed to upload the reverse side of his DESM eligibility certificate with his application. The court meticulously examined the facts and found that the petitioner had explicitly declared his DESM status in the application form and submitted the valid eligibility certificate issued by competent authorities.
Court's Rationale: Minor Lapse vs. Substantive Rights
In its August 2025 orders, the High Court emphasized that the omission to upload the reverse side of the certificate constituted a minor and curable procedural lapse. It ruled that such a technical oversight should not deprive an individual of substantive reservation benefits. The court noted that, following an interim order, Hitesh was permitted to participate in the selection process under the DESM category, where he was ultimately selected and received an appointment letter.
In anticipation of joining the Haryana police force, Hitesh even resigned from his prior service in the Indian Army. Despite this, the HSSC filed a fresh application on February 5, alleging errors in the August 12 judgment. The court firmly rejected the state's rigid interpretation of recruitment clauses, stating that denying reservation benefits on such technical grounds amounted to grave injustice.
Judicial Rebuke and Cost Imposition
Justice Jagmohan Bansal, presiding over the case, observed in the February 5 orders that the original petition had been disposed of on August 12, more than six months prior. The judgment was delivered in open court with the respondent-state's counsel present. The court clarified that after disposing of the writ petition, it had become functus officio, meaning it no longer had jurisdiction over the matter.
The High Court expressed strong disapproval of the state's conduct, noting a pattern of filing frivolous applications seeking clarifications or modifications of orders. "The conduct of the respondent is highly deplorable and deserves to be condemned. It is a case of total wastage of valuable time of this court," the court stated. Consequently, it dismissed the application with costs of Rs 1,10,000, payable to the petitioner within three weeks.
This ruling serves as a critical reminder to government bodies about the importance of respecting judicial processes and avoiding unnecessary litigation that delays justice for individuals. It highlights the court's commitment to ensuring fair treatment in recruitment, particularly for ex-servicemen and their dependents, while penalizing practices that undermine judicial efficiency.
