Give meritorious candidates a fair chance to compete, rules High Court

Saurabh Malik

Chandigarh, March 1

The meritorious candidates aspiring for public/civil posts should get a fair chance to compete in the recruitment process, the Punjab and Haryana High Court has asserted, making it clear that the courts and public recruiting agencies had been making sincere efforts to cleanse the process for making it more transparent.

The assertion came as Justice Anil Kshetarpal upheld the Punjab Government’s decision dated January 20 to re-conduct the examination after scrapping the merit list of candidates shortlisted for naib tehsildars’ posts. In all, 42,000 candidates had taken the test in May last year for 78 posts. As reported by the police, there was a rampant misuse of the electronic devices during the examination. Certain

candidates were also replaced by imposters to take the examination.

Justice Kshetarpal also impressed upon the respondent-state and the Punjab Public Service Commission to conduct fresh examination as expeditiously as possible as the recruitment notice was issued around two years and three months back.

Justice Kshetarpal asserted a fair chance to the meritorious candidates would also help the recruiting agencies to select the best candidates. As such, all possible endeavours were required to be made to ensure that the recruitment process did not have loopholes, which could be exploited by the tainted candidates. The courts were expected to keep the goals in mind, while deciding such cases.

Justice Kshetarpal added some non-tainted candidates might have to take the examination again. But the consequences would be disastrous, if some tainted candidates got employment to such a crucially responsible post.

Justice Kshetarpal asserted: “If the court weighs both situations, in the facts of the present case, the conclusion is inevitably lies in favour of holding a fresh examination, particularly when there is sufficient material to show that some unscrupulous individuals have contaminated the written examination and the police have already expressed apprehension that there may be many more such candidates who have not been traced yet.”

Justice Kshetarpal added it was always in the candidates’ interest to conclude the selection process expeditiously. But further investigation into the scam was likely to take time. The competent authority’s decision as such did not appear to be arbitrary, perverse or without any justification.

“Such a decision has been taken by the government in the overall interest of the society and general public as only the persons having unblemished character and high integrity should be selected for such dignified and accountable post”, Justice Kshetarpal observed.

Before parting with the case, Justice Kshetarpal added a bonafide decision by the government to instill confidence in the public regarding the integrity of the selection process should not be interfered with by the court.

Upholds decision on re-examination

Bench upholds Punjab’s decision to re-conduct examination after scrapping merit list of candidates shortlisted for posts of naib tehsildar