HC bars weightage for socio-economic criteria in Haryana appointments
The Punjab and Haryana High Court has directed Haryana to refrain from awarding weightage under “socio-economic criteria” in appointments made under the Deployment of Contractual Persons Policy 2022. The Bench also prohibited the State from awarding marks for experience, while making appointments under the policy. The directives follow a Division Bench ruling on May 31, which declared such criteria unconstitutional. The Supreme Court subsequently dismissed the SLP against the judgment.
The Bench of Justice Deepak Sibal and Justice Deepak Manchanda asserted, “In light of a Division Bench judgment of this court dated May 31 rendered in the case of ‘Sukriti Malik versus the State of Haryana and others’ holding grant of marks under “socio-economic criteria” to be ultra vires the Indian Constitution, against which judgment SLP has also been dismissed, it is directed that while making appointments under the Deployment of Contractual Persons Policy-2022, the State shall not award any weightage under “socio-economic criteria”.
The direction came on a petition filed against Haryana by Khalid Hussain and another petitioner through counsel Sarthak Gupta. As the matter came up for resumed hearing, the State counsel prayed for, and was granted, time to file a written statement. Taking a note of the plea, the Bench fixed the case for further hearing on January 30 next.
Before parting with the order, the Bench asserted, “It is further directed that no marks shall also be awarded by the State, while making appointments under the policy, for experience, as marks under this head are to be given to candidates only if their respective experience is in a department, board, university, public sector undertaking, mission, authority etc. under the control of the Haryana government, which criteria is prima facie found to be arbitrary as it excludes bona fide experience acquired by candidates in institutions which are not under the control of the Haryana government”.