Recruitment Process Initiated In 2006 Still Hanging Fire: SC Directs Authority To Strictly Go By Merit Ranking While Making Appointments

The Supreme Court while dealing with a review petition filed by the ones who secured Diplomas in Art & Craft from Kurukshetra University has directed the authority to strictly go by the merit ranking in the selection list while making appointments to available vacancies without disturbing the appointments already made.

The two-Judge Bench of Justice Krishna Murari and Justice Sanjay Kumar observed, “A recruitment process initiated in the year 2006 is still hanging fire. … the appointing authority would have to strictly go by the merit ranking in the selection list dated 14.11.2021 while making appointments to these available notified vacancies without disturbing the appointments already made or the seniority of such appointees, irrespective of whether or not such appointees found mention in the selection list dated 14.11.2021 and if they did, their merit ranking therein.”

The Bench said that the appointments made pursuant to its judgment would have to be limited to the vacant posts notified under the advertisement and cannot be extended to later vacancies which have arisen thereafter.

Senior Advocate P.S. Patwalia appeared on behalf of the petitioners while Senior AAG Lokesh Sinhal appeared on behalf of the State.

Factual Background -

The Supreme Court had earlier held that the equivalence of qualifications is a matter for the State as the recruiting authority, to determine and such an observation was made in the context of the High Court’s finding that the Diploma in Art & Craft of Kurukshetra University was equivalent to the Diploma in Art & Craft of Haryana Industrial Training Department. The review of the said judgment passed in 2021 was sought by way of the pleas by the petitioners.

The review petitioners (404 in all) secured Diplomas in Art & Craft in the aforesaid university and were aggrieved by the finding of non-equivalence of their qualification with the Diploma in Art & Craft of the Haryana Industrial Training Department. An advertisement was issued by the Haryana Staff Selection Commission for filling up 816 posts of Art & Craft Teachers intimating that the Diploma in Art & Craft conducted by the Director, Industrial Training and Vocational Education, Haryana, was the only recognized course in the State. The said communication was challenged before the High Court by way of a batch of writ petitions which was allowed but then the apex court reversed the said verdict.

The Supreme Court in the above context of the case noted, “… the Government of Haryana is now ready to accommodate and appoint candidates with Diplomas in Art & Craft from Kurukshetra University, who were found meritorious and were included in the selection list dated 14.11.2021, without adversely affecting the 178 candidates who were conditionally appointed pursuant to the directions of the Punjab & Haryana High Court. As it is no longer in issue that the Diplomas in Art & Craft secured from Kurukshetra University by the 667 candidates in the selection list dated 14.11.2021 stand on par with the Diploma in Art & Craft from Haryana Industrial Training Department, there would be no hindrance to their being considered for appointment and this Court is not required to venture into the equivalence of these qualifications.”

The Court, however, said that such appointments would now have to be made against the 663 notified vacant posts that would be available, as the 178 appointees are being treated as distinct and separate and that such 178 appointees would have to be excluded from the count of the notified posts under the advertisement as they were converted as Art & Craft Teachers (Diminishing Cadre).

“… the review petitioners and others identically situated are now being accommodated and appointed, despite the long lapse of time since the inception of this recruitment process, and more particularly, as those who were appointed have already put in significant length of regular service prior to the belated entry of the new appointees into regular service at this stage”, concluded the Court.

Accordingly, the Apex Court directed that the entire process pursuant to its judgment shall be completed by the authorities expeditiously and not later than two months.

Cause Title- Neeraj Kumar & Anr. v. State of Haryana & Ors.

Click here to read/download the Judgment