Tribune News Service
Chandigarh, December 25
In a judgment liable to change the way vacancies are filled by the state agencies in Punjab, Haryana and Chandigarh, the Punjab and Haryana High Court has laid down the procedure for undertaking direct recruitment process to avoid a similar controversy in future. It has, among other things, made it clear that open general category posts would be filled first from the joint merit list.
Deviations caused anomalies
- Justice Harsimran Singh Sethi said the process of filling posts in reserved categories was to be undertaken only after all posts in the open general category are filled on the basis of merit
- Deviation from the process created anomalies and that unnecessary litigations was “avoidable” if agencies followed proper procedure in accordance with settled principle of law
Justice Harsimran Singh Sethi also asked Punjab and Haryana Chief Secretaries and UT Home Secretary to issue specific guidelines to all recruiting agencies on filling the advertised posts in various categories while undertaking direct recruitment process. Justice Sethi also made it clear the settled principles of law were required to be kept in mind.
In his order, Justice Sethi ruled the process of filling posts available in various reserved categories was to be undertaken on the basis of merit secured by the reserved category candidates in the selection process only after all posts in the open general category were filled.
Referring to a high court judgment in the case of “Parminder Singh and others versus the State of Punjab and others” decided in December 2017, Justice Sethi added a bare perusal of the law cited clearly showed all candidates, irrespective of the categories in which they had applied, were first of all eligible to be appointed purely on the basis of merit against the posts advertised in the open general category. The process of filling posts in the reserved categories was to be undertaken thereafter out of the remaining eligible candidates belonging to various reserved categories as per their merit.
Justice Sethi added deviation from this process created anomalies and unnecessary litigations. It was “very much avoidable” in case the recruitment agencies followed proper procedure for appointment in accordance with the settled principle of law.
“Let appropriate instructions, as detailed, be issued for being followed meticulously without any fail while undertaking process for direct appointment to the various available posts by the recruiting agencies throughout the States of Punjab, Haryana and Union Territory of Chandigarh,” Justice Sethi added.
December 26, 2020 at 09:07AM
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Open general category posts to be filled first, rules HC - The Tribune India
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