HPSC divested of powers with ulterior motives: Dalal

CHANDIGARH: Congress MLA from Palwal Karan Singh Dalal today took exception to the state governments decision to divest the Haryana Public Service Commission HPSC of its function of recruiting judges of lower courts and entrusting the power to a selection committee comprising the Chief Secretary and the Advocate General

Updated At : 06:26 AM Jun 24, 2017 IST

Congress MLA Karan Dalal accuses the government of mala fide intentions in Chandigarh on Friday. Tribune Photo: Manoj Mahajan

Tribune News Service

Chandigarh, June 23

Congress MLA from Palwal Karan Singh Dalal today took exception to the state government’s decision to divest the Haryana Public Service Commission (HPSC) of its function of recruiting judges of lower courts and entrusting the power to a selection committee comprising the Chief Secretary and the Advocate- General.

Dalal said he had written to the President of India drawing his attention towards “unconstitutional interference” in the constitutional functions of the HPSC. “The government has amended the PCS (Judicial Branch) Rules, 1951, as applicable to Haryana vide a notification issued on January 9, providing for a ‘selection committee’ for the purpose of recruitment and appointment of 114 Civil Judges (Junior Division),’ he said.

The selection committee consists of three judges of the Punjab and Haryana High Court nominated by the Chief Justice the senior-most of whom would be the chairman, the Chief Secretary, HPSC Chairman and the Advocate-General.

He provided copies of the correspondence and alleged that before the notification of January 9, the state government wrote to the HPSC twice on June 13 and July 12, seeking its concurrence. However, in its response, the HPSC categorically submitted that the proposal was not according to the constitutional provisions and returned it for reconsideration.

Dalal said the “mala fide intentions” of the government were revealed from November 23, 2016, letter to the Registrar of the High Court that states that the present procedure was meant only for selection of the present 114 posts of Civil Judge (Junior Division) and the future recruitment process for vacancies of 2017 onward would be carried out by the HPSC as the constitution mandates.

The Congress MLA also raised objections to the allocation of 200 marks for viva voce, saying that it was contrary to the Law Commission recommendations that “the viva voce test not exceeding 50 marks must be prescribed.”

Asked why he had not raised any objection during the Congress regime from 2005 to 2014 when recruitment of the lower judiciary was not with the HPSC exclusively , Dalal said he had not supported the move at that time also.