Treat all SBC posts as general: Court to HSSC

Saurabh Malik

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Tribune News Service

Chandigarh, April 8

The Punjab and Haryana High Court has made it clear that the Haryana Staff Selection Commission (HSSC) will treat posts meant for Special Backward Classes (SBC) under the unreserved or general category even where there is no stay order, but results have been withheld.

The High Court has ordered the appointment of candidates in selection processes on the basis of merit after treating them under the general category. The order is expected to pave the way for filling up of around 3,000 posts, including those of teacher, from among general category candidates.

The High Court had stayed the SBC quota meant for Jats and five other communities in 2016, following which the results of several selection processes initiated by the government were put on hold.

Subsequently, a decision was taken vide a letter and instructions dated March 5, forwarded by the Chief Secretary, that the HSSC would treat SBC posts under the unreserved or general category with regard to all advertisements, where results were put on hold due to court orders.

“Similarly, where there is no court stay, but the result has been withheld, the HSSC shall treat the SBC posts to be under the unreserved or general category. Consequently, candidates shall be appointed keeping in view their merit, treating all of them under the general category,” Justice Ritu Bahri asserted.

The directions came on a petition filed by Kuldip and other petitioners against Haryana and other respondents. The petitioners had participated in the selection process for the posts of TGT (physical education) under the general category.

Jats and five other communities were granted SBC quota by the Haryana Government through the Haryana Backward Classes (reservation in services and admission in educational institutions) Act in May 2016.

The High Court, in a related petition, was earlier told by counsel appearing for the state that vacancies reserved for the SBC were now being filled from among general category candidates in accordance with instructions issued by the government.

Elaborating, the counsel had told the court that the state government’s decision was in sync with a High Court judgment in a civil writ petition filed in 2011 by Garima Jindal against the HVPNL and another respondent.

“In view of the statement of the state counsel, the present petition stands disposed of with a direction to the respondents to consider the case of the petitioners against posts meant for the SBC category, which are now being filled treating these posts to be under the general category,” Justice Bahri had concluded.

The petitioners in that case were seeking issuance of directions to the respondents to fill 500 posts of constable in the Haryana Police reserved for the SBC from among general category candidates.