Saurabh Malik
Tribune News Service
Chandigarh, September 11
The Punjab and Haryana High Court has made it clear that candidates cannot seek directions for uniform qualification and experience criteria for government jobs as each state is entitled to lay down the prerequisites.
The ruling by Justice Anil Kshetarpal came on a petition filed by Arshdeep Singh Anand and other petitioners, seeking directions to the State of Punjab and another respondent to quash/modify experience relaxation to the petitioners for Assistant Forensic Officer’s posts advertised on August 17.
No rule flouted, court can’t interfere
The petitioners are not claiming violation of any provisions of the service rules. It’s the employer’s prerogative to lay down the minimum requirements for recruitment to a particular post in accordance with the service rules. The court is not expected to interfere in the absence of violation of any rule or the requirement being patently arbitrary. —Justice Anil Kshetarpal, High Court
The Bench was told that the state issued a recruitment notice, inviting applications for filling up 150 vacancies of Assistant Forensic Officer, along with certain other posts. The petitioners belonged to the first batch of BSc Forensic Science in Punjab and they did not get genuine opportunity to gain experience required for the post. Directions were also sought for granting the benefit of the Covid-19 period while calculating their age as on January 1 in accordance with the SC judgment for extension of limitation.
Elaborating, the petitioners’ counsel contended the period starting from March 15 till further orders was directed to be considered as “zero” and excluded for all purposes. Their counsel also contended experience was not a requisite in the recruitment notices issued by the different states. As such, the State of Punjab’s action was discriminatory.
Justice Kshetarpal asserted the petitioners were not claiming violation of any provisions of the service rules. It was the employer’s prerogative to lay down the minimum requirements for recruitment to a particular post in accordance with the service rules. The court was not expected to interfere in the absence of violation of any rule or the requirement being patently arbitrary.
Justice Kshetarpal ruled that every state was an independent employer and entitled to lay down the minimum qualifications and experience required before recruiting the employees. The recruitment notice issued by other states could not be, as such, binding on the State of Punjab.
“The petitioners cannot be permitted to invoke Article 14 in such circumstances. They cannot claim that the requirements regarding the minimum qualification and experience should be uniform for all states. Hence, this court does not find any ground to issue the writ. Consequently, the present writ petition is dismissed,” Justice Kshetarpal concluded.
Can’t seek uniform criteria for govt jobs: HC
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