Haryana Govt policy while advertising posts paramount, rules Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, November 24

The Punjab and Haryana High Court has ruled that the policy in force at the time of advertisement for filling government posts will be relevant and taken into consideration for ascertaining candidates’ eligibility for category of posts covered.

The Bench also ruled that sports gradation certificate issued or sought to be issued under the old instructions circulated in November 1993 would no more be relevant while applying for posts now advertised under the eligible sportspersons category.

The Bench of Justice Daya Chaudhary and Justice Meenakshi I Mehta also made it clear that the certificate was required to be obtained in terms of the new policy as well as the modified new policy.

The Bench was hearing a bunch of petitions filed by Sonu Kumar and other petitioners against Haryana and other respondents. The question raised before the Bench in the petitions was whether sports gradation certificates issued or sought by the petitioners in terms of the old instructions would entitle them to consideration for posts advertised after the notification of the new policy and the modified new policy under the eligible sportspersons category.

The petitioners’ argument was that they had participated in sports events when the old instructions were in vogue and as such, they deserved to be considered eligible for the posts on the basis of sports gradation certificates issued in terms of the old instructions.

Their contention was that the new policy, notified on May 25, 2018, and modified on November 15, 2018, “could not be taken to have divested the petitioners of their right to be selected on posts reserved for sportspersons” and as such, the rejection of their candidature for non-submission of certificates under the new policy was unreasonable, arbitrary and illegal.

After hearing rival contentions, the Bench ruled that the new policy, notified on May 25, 2018, and the modified new policy notified on November 15, 2018, were already in existence when advertisements were published by the Haryana Staff Selection Commission and as such, the contentions of the petitioners’ counsel were untenable.

The Bench observed that the opening line of the policy made it clear that it had been notified while superseding old instructions. The Bench noted that clauses in the advertisements provided that the candidates applying for seats reserved under the eligible sportspersons category were required to upload or submit sports gradation certificates issued by the competent authority, which meant certificates issued in terms of the policy prevalent at the time of issuance of advertisements.

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