HPSC can adopt its own selection criteria: Court

Saurabh Malik

Tribune News Service

Chandigarh, July 12

Just over two years after the Haryana Public Service Commission (HPSC) advertised 1,646 posts of assistant professor (college cadre) in the Higher Education Department, the Punjab and Haryana High Court on Thursday ruled that the HPSC was competent to adopt selection criteria at variance with the state government.

The ruling came as Justice Sudhir Mittal dismissed a bunch of petitions filed against Haryana and other respondents by Vikas Goyal and other unsuccessful candidates, who had applied for the post of assistant professor (computer science).

The petitioners, among other things, had contended that the selection process was vitiated because the selection criterion adopted by the HPSC was contrary to the one adopted by Haryana after being recommended by the UGC and the Union Ministry of Human Resource Development.

Justice Mittal asserted that it was the HPSC’s duty to conduct the examination for appointment to services in the state and was required to be consulted in matters relating to methods of recruitment to civil services and civil posts, principles to be followed in appointments, promotions and transfers, disciplinary matters affecting a civil servant and award of pension regarding injuries sustained while serving in civil capacity, according to the scheme of the Constitution.

“The HPSC and similar state commissions have been made autonomous and are not bound by the executive instructions issued by the state government,” Justice Mittal noted.

Referring to a plethora of judgments, Justice Mittal added that the HPSC was competent to lay down its own selection criteria and the same could not be faulted with unless it was shown to be arbitrary or unreasonable. As such, it was held that the criterion for selection adopted by the HPSC was legal and valid.

Before parting with the order, Justice Mittal asserted that the state government had, in fact, not adopted selection criteria recommended by the Union Ministry of Human Resource Development and the UGC.

Keeping in view the fact that the petitioners had participated in the selection process being aware of selection criteria adopted, they could not challenge the same after being declared unsuccessful, Justice Mittal added, while dismissing the petition.