M A I N   N E W S

HC quashes appointment of 1,983 Haryana PTIs
Saurabh Malik/TNS

Chandigarh, September 11
The Punjab and Haryana High Court on Tuesday quashed the appointment of 1,983 physical training instructors (PTIs) by the Haryana Staff Selection Commission, ruling that it was “a one man show”.

Allowing a bunch of 69 petitions, Justice Augustine George Masih also directed the Haryana Staff Selection Commission “to hold a fresh selection, in accordance with law”. For the purpose, Justice Masih fixed a five-month deadline. He indicated that the selection process was changed by the chairman and the selection criterion was subsequently altered.

“Once the criteria have been laid down and the selection process initiated, selection criteria cannot be changed in the midst of the selection process or after the selection process has come to an end,” Justice Masih ruled.

In his 42-page verdict, Justice Masih said a “stunning revelation” came to light from perusal of the record. The Haryana Staff Selection Commission had eight members apart from the chairman, he said, but at no stage did the Commission assemble or meet to take any decision in or during the process of selection. “All decisions pertaining to the selection process have been taken by the Commission chairman alone,” said the verdict.

Justice Masih said the selection process was set in motion with the issuance of a notice on December 28, 2006. The criterion laid down in the notice, too, was followed with the fixing of January 21, 2007 as the date for holding the written examination.

“There are justifiable reasons for cancelling the written examination as well as the subsequent date. But there are no reasons forthcoming, which would justify the change of selection process by cancelling the written examination and resorting to shortlisting on the basis of essential academic advertised qualifications…”

Elaborating, Justice Masih said it was decided on July 11, 2008, to shortlist the candidates on the basis of the minimum academic qualifications, but all eligible candidates were called for the interview.

“The reason assigned for such a decision is that candidates who could not be shortlisted resorted to an agitation at the house of the Haryana Chief Minister, which weighed on the mind of the Commission chairman to call all eligible candidates for the interview, which again is not justified…”

Justice Masih concluded: “There is no semblance of collective responsibility or a decision-making process… The very concept and spirit of the Commission stands butchered and banished due to there being no consultation, association and participation by any of the members in the present selection process for filling up the posts of physical training instructors. The decisions in pursuance, whereto selection process has been initiated, processed and concluded, cannot be said to be that of the Commission.

“The selection does not pass the test of it being in accordance with law, as the powers conferred on the Commission have not been exercised as per the mandate of the statute and, therefore, the decisions taken in and during the selection process cannot be said to be that of the Commission rendering the selection illegal.”

‘One man show’

The court said the selection process was commandeered by the Haryana Staff Selection Commission and all decisions were taken by him alone

At no stage did the eight-member Commission meet to take any decision in or during the process of selection

The selection criterion was changed after the selection process was initiated