SC strikes down Haryana’s 5% job reservation as unconstitutional

Due to this decision of the Supreme Court, twenty three thousand youth who have got teh already appointments in Groups C and D will have to take the exam again.

Chandigarh: The Haryana government has also received a setback from the Supreme Court on the reservation of five marks on a socio-economic basis in government recruitment. The Supreme Court has also termed it unconstitutional. The Haryana government had given this reservation to families with an annual income of 1.80 lakh in the Common Eligibility Test (CET).

Earlier, the Punjab and Haryana High Court had rejected this reservation. Against which the Haryana Staff Selection Commission (HSSC) had filed four appeals in the Supreme Court. The case was heard by the double bench of the Supreme Court, Justice Vikram Nath and Justice SBN Bhatti.

Earlier during the hearing, the Haryana government had sought time to include two other petitions, after which the Supreme Court fixed the date for Monday.

In a detailed order issued regarding the reservations on a social and economic basis, the High Court said that it is like giving reservations in a way. When the state government has given the benefit of reservation to the economically backward class, then why is this artificial category being created?

Due to this decision of the Supreme Court, twenty three thousand youth who have got teh already appointments in Groups C and D will have to take the exam again.

If they are unable to pass, they will be dismissed from the job.

The High Court had said that before giving this benefit, neither any data was collected nor any commission was formed. Thus, the benefit of 5 marks in CET first and then 2.5 marks in the recruitment exam will completely change the result of the recruitment. For the benefit of these marks, only PPP holders have been considered eligible, which is not right according to the Constitution.

Any benefit from an appointment cannot be limited to the people of the state. Once Articles 15 and 16 and policy directive principles apply to the whole of India, where all citizens are entitled to get employment, the state government cannot be allowed to implement special reservations based on citizenship in public employment.

These were the orders given to the government.

The High Court had ordered them to seek fresh applications for all the posts and complete the recruitment within six months. The High Court had ordered the retention of 23 thousand employees who had already been appointed until the completion of the new recruitment. If they are unable to make their place by passing the re-conducted examination, then the High Court has ordered them to be dismissed.

A total of 401 categories of recruitment were issued by the Haryana Staff Selection Commission for Group C and Group D recruitment. By clubbing similar recruitments, the commission had created a total of 63 groups in these categories. There are 32 thousand posts in Group C, and 7471 posts in TGT are included in this category. Apart from these, there are more than 13 thousand posts in Group D. Out of these, after releasing the final results for 10 thousand posts in Group C and 13 thousand posts in Group D, they have also been given appointments.