Allow candidates chance to correct deficiencies in applications: High Court

Saurabh Malik

Chandigarh, July 30

The Punjab and Haryana High Court has made it clear that candidates must be provided a fair opportunity to correct deficiencies in their applications before being excluded from recruitment processes. The assertion came as a Division Bench imposed Rs 50,000 costs on Punjab, while directing it to issue an appointment letter for vocational master’s post to the petitioner (candidate).

The directions came as the Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma overturned a single judge’s order dismissing Jyotsna Bhasker’s plea against her exclusion from the selection list. The Bench was of the view that Bhasker was unfairly denied the position due to procedural irregularities.

The Bench, during the course of hearing, was told that the Department of School Education advertised 78 posts for vocational master (garment making) on September 23, 2009. Bhasker applied for the position under the general category. The selection process, conducted by the Departmental Selection Committee, initially included Bhasker’s name. But she was ultimately excluded from the final selection list. The stated reason for her exclusion was the absence of counter-signatures on her experience certificate, a requirement outlined in the advertisement.

The Bench was also told that Bhasker’s application included experience certificates signed by the centre head and principal of the institutions concerned and attested by a government official. The scrutiny committee did not raise any objections during the document verification process, leading Bhasker to believe her documents were in order.

After hearing arguments and going through the case record, the Bench was critical of the respondents’ failure to raise objections about Bhasker’s experience certificates during the scrutiny phase, which prevented her from addressing the issue. The court found that the omission of counter-signatures was a procedural flaw, but it did not render the certificates invalid without giving Bhasker an opportunity to rectify the error.

The Bench noted that Bhasker had scored 54.5 per cent in the selection process, higher than the candidate appointed with 45.25 per cent. The fact clearly indicated arbitrariness and discrimination by the respondents against the appellant-petitioner, resulting in an unjust denial of the appointment letter to a meritorious candidate.