State govt encroaching upon HPSC domain: Cong MLA

Karan Dalal shows copy of letter written to the Haryana chief secretary by HPSC calling state govt’s proposal to recruit judges ‘unconstitutional’

Senior Congress MLA Karan Dalal on Friday accused the Haryana government of encroaching upon Haryana Public Service Commission (HPSC) domain by amending rules to appoint 114 civil judges despite objections raised against the same by the HPSC.

Dalal showed a copy of the letter written to the Haryana chief secretary by the HPSC on July 19, 2016, in which it stated that the state government’s proposal to recruit 114 civil judges through selection committee was clearly contrary to Article 320 (1) of the Constitution and therefore was “unconstitutional”. Briefing mediapersons, Dalal held that the letter of the HPSC was in response to the state government’s letter that sought concurrence of the HPSC on June 13, 2016, prior to publishing notification.

Stating that according to Article 320 (1), the state public service commission was the only body that was authorised to make the said appointments, he said that for some unknown reasons, the state government had amended the rules vide a notification on January 9, 2017, which provided constitution of a selection committee for the said purpose.

The selection committee consisted of three judges of Punjab and Haryana high court nominated by the chief justice, Haryana government chief secretary, Haryana Public Service Commission (HPSC) chairman and Haryana advocate general, Dalal said and alleged that the amendment was a direct encroachment by the state government in the sphere exclusively assigned to the HPSC.

Dalal has also written to the President of India about the state government encroaching upon the HPSC’s domain.

He also expressed surprise over another letter of the state chief secretary, dated November 23, 2016, to registrar general, Punjab and Haryana high court, in which it was stated that the present procedure was meant only for the selection for the 114 civil judges (junior division) and the future recruitment process for the 2017 onwards will be carried out by HPSC as per the constitutional mandate.

Congress MLA from Palwal also said that it was shocking to note that as per selection criteria provided by amended provisions, the viva voice will be 200 marks, which was contrary to the law commission recommendations that it should not exceed 50 marks.

THE HARYANA LEGISLATOR HAS ALSO SHOT OFF A LETTER TO THE PRESIDENT IN THIS REGARD