The Punjab and Haryana High Court on Friday declared the socio-economic criteria prescribed by the Haryana government for granting additional marks to certain classes of candidates in state government jobs as unconstitutional. This decision was pronounced by a division bench, as stated by Sarthak Gupta, counsel for one of the petitioners.
The High Court found the socio-economic criteria to be in violation of Articles 14, 15, and 16 of the Indian Constitution, which uphold equality before the law and prohibit discrimination on various grounds. The court specifically ruled that the practice of awarding extra or bonus marks to certain classes of candidates is unconstitutional.
The court’s order was in response to a series of petitions challenging the socio-economic criteria. The lead petitioner, Arpit Gahlawat, along with several others, had contested the policy, arguing that it was arbitrary, unconstitutional, and illegal. They contended that granting additional marks to a select class of candidates, to the exclusion of others, was discriminatory and violated the principles of merit-based selection for public service appointments.
The challenged policy was implemented by the Haryana government a few years ago. It aimed to provide additional marks to candidates without a family member in government employment, those domiciled in the state, and those whose family income did not exceed ₹1.80 lakh per annum. In some recruitment processes, this policy awarded up to 20 additional marks.
Petitioners argued that the socio-economic criteria discriminated against certain candidates and contradicted the settled law that direct recruitment to public service posts should be based purely on merit. They also contended that the criteria discriminated on the basis of domicile and descent, which are prohibited under Article 16 of the Constitution.
The petitioners further argued that there was no justification for granting additional marks to certain classes when reservations already exist for Economically Weaker Sections (EWS) and socially backward classes, such as Scheduled Castes (SC) and Backward Classes (BC).
The High Court’s decision to quash the socio-economic criteria underscores the constitutional mandate for equality and non-discrimination in public employment. A detailed order elaborating on the court’s reasoning is yet to be released.
This ruling will have significant implications for future recruitment processes in Haryana’s state government jobs, ensuring that merit remains the primary criterion for selection. The judgment also reinforces the constitutional principles of equality and non-discrimination.
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