High Court Delivers Sharp Rebuke to Haryana Public Service Commission
The Punjab and Haryana High Court has issued a significant ruling that firmly establishes the boundaries of authority for public service commissions in recruitment processes. In a judgment delivered on January 15, 2026, Justice Harpreet Singh Brar quashed two orders from the Haryana Public Service Commission (HPSC) that had cancelled the candidature of Prasoon Sharma for the post of Manager (Utility) in the Haryana State Industrial and Infrastructure Development Corporation (HSIIDC).
Core Issue: Can Public Service Commissions Verify Credentials?
The court framed the central question clearly: "Whether a Public Service Commission, while discharging its constitutional or statutory duty of selection and recommendation, can embark upon character verification, antecedent inquiry, confirmation of credentials or adjudication of document validity, which is otherwise vested in the appointing authority/employer-Department?"
Justice Brar answered this question with a definitive negative, declaring that "unless empowered by a statutory framework, a Public Service Commission cannot embark upon character verification, antecedent inquiry, confirmation of credentials or adjudication of document validity" during the selection process.
Background of the Recruitment Dispute
The case originated from a 2018 recruitment drive for seven posts of Manager (Utility). Sharma, who holds a first-class engineering degree, applied under the general category and claimed two years of post-qualification experience. His experience included over one year with private firm M/s Atcon Engineers and the balance with the state's Irrigation and Water Resources Department.
Sharma successfully cleared the written examination held in September 2021 and initially faced no objections during document scrutiny. However, in June 2022, the commission raised doubts about the genuineness of his private-sector experience and demanded specific supporting documents that were not mentioned in the original advertisement.
The commission demanded:
- Bank statements showing salary credits
- EPF and ESI records
- Form 26AS
- NPS statements
These requirements were introduced only after the written test results, through an announcement dated November 11, 2021. The original advertisement had prescribed no such list of proofs.
Sharma's Response and Commission's Decision
Sharma explained that as a small private firm, M/s Atcon Engineers did not fall under EPF or ESI obligations, paid salaries in cash, and his earnings were below the taxable limit. He submitted alternative documents including:
- Salary slips
- Appointment letter
- Experience certificate
- Non-applicability certificates
Despite these submissions, the commission rejected his candidature in September 2022.
Court's Observations and Ruling
The court noted several crucial facts in its judgment:
First, HSIIDC, the appointing authority, had already constituted a committee that verified Sharma's documents and confirmed his experience as genuine. Second, the court recorded that Sharma had scored higher marks than the last selected candidate.
Justice Brar emphasized the importance of institutional boundaries, stating that upholding "the concept of institutional integrity" requires every authority to respect the domain and independence of others. He observed that the commission's role is limited to conducting examinations and making recommendations, while final appointment and verification of credentials rest with the employer.
The judgment cited the Supreme Court's ruling in Jatinder Kumar vs State of Punjab (1985), which held that recommendations of public service commissions are only advisory and the government remains the final arbiter of suitability.
Court's Directions and Broader Implications
The court directed HSIIDC to consider Sharma for appointment, granting him notional benefits from the date others in the batch joined in February 2024, though actual salary would start from the date he assumes duty. The court noted that only three candidates have joined against the seven advertised posts.
In a significant move to prevent recurrence of such overreach, a copy of the order has been sent to the Chief Secretary of Haryana to maintain institutional discipline. This ruling establishes clear boundaries for public service commissions across the region and reinforces the separation of functions between selection bodies and appointing authorities.
The judgment serves as an important precedent for recruitment processes throughout Haryana and potentially other states, ensuring that public service commissions do not exceed their constitutional and statutory mandates in vetting candidates' credentials.
