Hindustan Times (Bathinda)

Move to shortlist candidates on basis of written test challenged before CAT

- Pawan Sharma pawan.sharma@hindustant­imes.com ■

CHANDIGARH:: The Manohar Lal Khattar government’s June 9 order that Haryana Public Service Commission (HPSC) will conduct written test and shortlist non-state civil service (NONSCS) officers to fill five Indian Administra­tive Service (IAS) posts has run into a legal hurdle.

On Friday, the Chandigarh bench of the Central Administra­tive Tribunal (CAT) issued notices to the Centre, Haryana government, Union Public Service Commission (UPSC) and HPSC to submit a reply before July 14 when the case will come up for hearing.

“The prayer of the applicant for interim relief will be considered on the next date of hearing,” the CAT bench stated in its order after senior advocate, Rajesh Garg, pleaded to set aside and quash the June 9 notificati­on. The CAT heard the case via videoconfe­rence due to Covid-19 pandemic.

THE CONTENTION­S

At the root of the arguments of senior counsel was June 9 notificati­on that he said “indirectly” conferred upon the HPSC the power to conduct parallel examinatio­ns even as in any case the state does not have this power.

“The impugned order is contrary to Article 246 of the Constituti­on of India as the state government cannot usurp upon the powers of the central government to make rules related to the IAS,” the senior counsel argued.

Surender Singh Dahiya, 52, who is additional director, agricultur­e department, has moved the CAT.THE petition points out that an extensive syllabus has been prescribed, providing a handle to the state government to oust candidates of “outstandin­g ability and merit” in spite of having the best service record.

“It is trite law that what is not permissibl­e to be done directly, cannot be allowed to be done indirectly,” reads the petition.

The petitioner­s’ senior counsel further stated that the state government‘s order was also against regulation 5 and 6 of the IAS (Appointmen­t by Selection) Regulation­s, 1977, which categorica­lly stated that the suitabilit­y of a person for appointmen­t to service was to be determined by the scrutiny of service record, personal interview and confidenti­al record of the officer concerned to adjudge the outstandin­g ability and merit of a candidate.

The condition incorporat­ed by the state government vide June 9 notificati­on to the extent of conducting written examinatio­n is arbitrary and is liable to be quashed and set aside, senior counsel of the petitioner said.

THE CONTROVERS­Y

The June 9 order of the state government allows HPSC to recommend candidates (non-scs officers) not exceeding five times the number of vacancies after conducting the written examinatio­n.

This is for the first time that non-scs officers in Haryana will have to take a written examinatio­n to get appointed to an IAS post. Until now, the non-scs officers in Haryana were appointed to such posts on the basis of their service record.

The HPSC will prepare a merit list based on the marks obtained in the written examinatio­n and recommend names to the state government for onward submission to the Union Public Service Commission (UPSC).

The three-hour written examinatio­n will have 100 multiplech­oice questions with five options. The examinatio­n will have negative marking and for every wrong answer, 25% marks assigned to the question will be deducted.

PETITION POINTED OUT THAT STATE GOVT COULD OUST CANDIDATES OF “OUTSTANDIN­G ABILITY AND MERIT” IN SPITE OF HAVING BEST RECORD

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