LPA-742-2025 (O&M) 119 IN THE HIGH COURT OF PUNJAB AND HARYANA AT HARYANA STAFF SELECTION COMMISSION VIKAS AND CORAM: HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE Present: Mr. Hit for the appellant. Mr. Jasbir Mor, Advocate for respondent No.1. SANJEEV PRAKASH SHARMA, J.(Oral) 1. Application No. the main case. For the reasons stated, the same is allowed. Main case is taken up today itself. 2. This Court as Neeraj vs. State of Haryana and another, decided on 22.05.2025, wherein socio as under: we apply the theory of “no fault” candidates who would be ousted from the merit list although they had cleared the written examination and have been working for quite a long time now. We also notice that the candidates, who would have been appointed, went under a cumber their appointments were made in terms of the method and manner of selection as laid down in the advertisement. (O&M) p. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH HARYANA STAFF SELECTION COMMISSION Vs. VIKAS AND OTHERS **** HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON’BLE MR. JUSTICE DEEPINDER SINGH NALWA **** Mr. Hitesh Pandit, Addl. A.G., Haryana for the appellant. Mr. Jasbir Mor, Advocate for respondent No.1. **** SANJEEV PRAKASH SHARMA, J.(Oral) Application No.CM-3465-LPA-2025 has been filed for preponement of the main case. For the reasons stated, the same is allowed. Main case is taken up today itself. This Court in a bunch of cases with lead case of as Neeraj vs. State of Haryana and another, decided on 22.05.2025, wherein socio-economic criteria has been quashed and set aside as under: “34. Taking into consideration the aforesaid law, we apply the theory of “no fault” candidates who would be ousted from the merit list although they had cleared the written examination and have been working for quite a long time now. We also notice that the candidates, who would have been appointed, went under a cumbersome selection process and their appointments were made in terms of the method and manner of selection as laid down in the advertisement. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-742-2025 (O&M) Date of Decision: 27.05.2025 HARYANA STAFF SELECTION COMMISSION . . . . Appellant . . . . Respondents HON’BLE MR. JUSTICE SANJEEV PRAKASH SHARMA DEEPINDER SINGH NALWA esh Pandit, Addl. A.G., Haryana SANJEEV PRAKASH SHARMA, J.(Oral) has been filed for preponement of the main case. For the reasons stated, the same is allowed. Main case is lead case of CWP-16904-2021 titled as Neeraj vs. State of Haryana and another, decided on 22.05.2025, economic criteria has been quashed and set aside, has held Taking into consideration the aforesaid law, we apply the theory of “no fault” with regard to the candidates who would be ousted from the merit list although they had cleared the written examination and have been working for quite a long time now. We also notice that the candidates, who would have been some selection process and their appointments were made in terms of the method and manner of selection as laid down in the advertisement. (O&M) .2025 Appellant s has been filed for preponement of the main case. For the reasons stated, the same is allowed. Main case is 2021 titled as Neeraj vs. State of Haryana and another, decided on 22.05.2025, , has held MOHIT GOYAL 2025.05.27 18:07 I attest to the accuracy and integrity of this document LPA-742-2025 (O&M) Although, we have not approved the socio economic criteria adopted vide notification dated 11.06.2019, such appointees may be available with the State Government. We, therefore, save their appointments with a condition that they would have no claim for seniority in terms of the advertisement of 20 11.06.2019 to be in violation of Articles of 14, 15 and 16 of the Constitution of India and the same is accordingly declared ultra vires and liable to be quashed and set aside. adding up to 10 bonus marks on the basis of socio economic criteria and experience, we issue following directions: revised result and on the basis of the revised result, the candidates who entitled to be considered for appointment for the concerned posts which were advertised in the year 2019. appointed, if they fall in the said merit would continue to perform on account of the revised merit list, shall be allowed to continue against future posts and in this regard, the State Government may conduct an exercise of finding out vacancies for them. If no be allowed to continue on ad hoc basis till vacancies are made available. Their appointments would be treated from the date the vacancies are so made available and would have no claim on the posts which were advertised vi advertisement in 2019. The power is being exercised to save such appointments as there was no fault of such (O&M) p. 2 Although, we have not approved the socio economic criteria adopted vide notification dated 11.06.2019, such appointees ought not be made to suffer. 35. We also notice that after 2019, vacancies may be available with the State Government. We, therefore, save their appointments with a condition that they would have no claim for seniority in terms of the advertisement of 2019. 36. We, therefore, find that notification dated 11.06.2019 to be in violation of Articles of 14, 15 and 16 of the Constitution of India and the same is accordingly declared ultra vires and liable to be quashed and set aside. 37. Since, we have set adding up to 10 bonus marks on the basis of socio economic criteria and experience, we issue following directions:- A. The State would be required to publish a revised result and on the basis of the revised result, the candidates who are found to be meritorious, would be entitled to be considered for appointment for the concerned posts which were advertised in the year 2019. B. Those candidates, who have already been appointed, if they fall in the said merit would continue to perform their duties. C. Those appointees, who are going to be ousted on account of the revised merit list, shall be allowed to continue against future posts and in this regard, the State Government may conduct an exercise of finding out vacancies for them. If no vacancies are available, they will be allowed to continue on ad hoc basis till vacancies are made available. Their appointments would be treated from the date the vacancies are so made available and would have no claim on the posts which were advertised vi advertisement in 2019. The power is being exercised to save such appointments as there was no fault of such Although, we have not approved the socio economic criteria adopted vide notification dated 11.06.2019, such ought not be made to suffer. We also notice that after 2019, vacancies may be available with the State Government. We, therefore, save their appointments with a condition that they would have no claim for seniority in terms of the advertisement of We, therefore, find that notification dated 11.06.2019 to be in violation of Articles of 14, 15 and 16 of the Constitution of India and the same is accordingly declared ultra vires and liable to be quashed and set aside. Since, we have set aside the criteria of adding up to 10 bonus marks on the basis of socio- economic criteria and experience, we issue following The State would be required to publish a revised result and on the basis of the revised result, the are found to be meritorious, would be entitled to be considered for appointment for the concerned posts which were advertised in the year 2019. Those candidates, who have already been appointed, if they fall in the said merit would continue to Those appointees, who are going to be ousted on account of the revised merit list, shall be allowed to continue against future posts and in this regard, the State Government may conduct an exercise of finding out vacancies are available, they will be allowed to continue on ad hoc basis till vacancies are made available. Their appointments would be treated from the date the vacancies are so made available and would have no claim on the posts which were advertised vide advertisement in 2019. The power is being exercised to save such appointments as there was no fault of such MOHIT GOYAL 2025.05.27 18:07 I attest to the accuracy and integrity of this document LPA-742-2025 (O&M) persons, who have already appointed and have been working for years now. merit, will be treated appointments have been saved although not falling in the merit. on account of the revised merit list, would be entitled to claim their appointments from the date the similarly situated consequential benefits of seniority and pay parity. However, their salary would be fixed notionally from the date others were appointed till the date they join the post. period of three months. stand disposed of in 3. In view of above, the The observations, as above, shall apply to the present case too. 4. All pending applications also stand disposed of accordingly. 27.05.2025 Mohit goyal 1. Whether speaking/reasoned? 2. Whether reportable? (O&M) p. 3 persons, who have already appointed and have been working for years now. D. The candidates, who are placed in the revised merit, will be treated as senior to those whose appointments have been saved although not falling in the merit. E. The new incumbents, who would be selected on account of the revised merit list, would be entitled to claim their appointments from the date the similarly situated other candidates were appointed with all consequential benefits of seniority and pay parity. However, their salary would be fixed notionally from the date others were appointed till the date they join the post. F. The exercise shall be conducted within the period of three months. 38. In view of the above, all these Writ Petitions stand disposed of in the aforesaid terms. In view of above, the present appeal stands observations, as above, shall apply to the present case too. All pending applications also stand disposed of accordingly. (SANJEEV PRAKASH SHARMA (DEEPINDER SINGH NALWA 1. Whether speaking/reasoned? Yes/No 2. Whether reportable? Yes/No persons, who have already appointed and have been The candidates, who are placed in the revised as senior to those whose appointments have been saved although not falling in the The new incumbents, who would be selected on account of the revised merit list, would be entitled to claim their appointments from the date the similarly other candidates were appointed with all consequential benefits of seniority and pay parity. However, their salary would be fixed notionally from the date others were appointed till the date they join the post. The exercise shall be conducted within the In view of the above, all these Writ Petitions the aforesaid terms.” present appeal stands allowed in the same terms. observations, as above, shall apply to the present case too. All pending applications also stand disposed of accordingly. SANJEEV PRAKASH SHARMA) JUDGE DEEPINDER SINGH NALWA) JUDGE Yes/No Yes/No in the same terms. MOHIT GOYAL 2025.05.27 18:07 I attest to the accuracy and integrity of this document