In a landmark judgment, the Punjab and Haryana High Court has ruled that the Haryana Staff Selection Commission (HSSC) cannot demand newly issued Backward Class (BC) certificates during the second stage of the selection process if valid certificates were already submitted during the Common Eligibility Test (CET) application. This decision, delivered by Justice Jagmohan Bansal, addresses the grievances of numerous candidates whose applications were rejected or reclassified due to the submission of BC certificates dated prior to April 1, 2023.
Background of the Case
The controversy arose from the HSSC's recruitment drive in 2024, which advertised 5,000 positions for male constables and 1,000 for female constables (General Duty). Candidates were required to clear the CET for Group-C posts as a prerequisite. Many applicants, belonging to the BC-A and BC-B categories, submitted their caste certificates during the CET application process. However, during the subsequent stages, HSSC introduced a stipulation that only BC certificates issued after April 1, 2023, would be considered valid. This sudden change led to the rejection of several applications or their reclassification from reserved BC categories to the general category, adversely affecting the candidates' prospects.
Petitioners' Arguments
The affected candidates contended that the HSSC's requirement for a fresh BC certificate at the second stage was arbitrary and lacked any legal basis. They argued that their original certificates, submitted during the CET application, were valid and should suffice for the entire selection process. The petitioners emphasized that the retrospective imposition of a new certificate issuance date was unjust and detrimental to their legitimate expectations.
Court's Observations and Ruling
Justice Bansal, in his judgment, underscored that in the absence of a specific date mentioned in the recruitment rules or advertisement, the last date prescribed for filing the application should be considered the cut-off date. He stated, "In the absence of a particular date in the rules or advertisement, the last date prescribed for filing the application for the advertised post is the cut-off date." The court further clarified that the cut-off date for uploading documents was solely for that purpose and did not pertain to the issuance date of the BC certificate.
The judgment emphasized that the BC certificates submitted during the CET application were valid for all intents and purposes throughout the selection process. Consequently, the HSSC's demand for a fresh certificate at the second stage was deemed unwarranted. Justice Bansal asserted, "The respondent could not ask for a fresh latest BC certificate at the 2nd stage of the selection process." He also highlighted that due to the unique circumstances involving three financial years, the certificates submitted during the CET remained valid.
Importantly, the court ruled that no candidate should be shifted from the BC category to the general category due to the non-submission of a newly issued BC certificate at the later stage. This decision ensures that candidates who rightfully belong to the reserved categories retain their status and the associated benefits throughout the recruitment process.
Implications of the Judgment
This ruling has significant implications for the recruitment processes conducted by the HSSC and other similar bodies. It reinforces the principle that once a candidate has submitted a valid caste certificate, they should not be compelled to furnish a new one unless explicitly required by the initial recruitment notification. The judgment safeguards candidates from arbitrary changes in documentation requirements that could jeopardize their eligibility or selection.
Furthermore, the decision promotes transparency and fairness in public recruitment processes. It ensures that candidates are evaluated based on consistent criteria without being subjected to unforeseen and potentially discriminatory administrative hurdles. The ruling also serves as a precedent, discouraging recruitment bodies from implementing retrospective changes that could adversely affect applicants.
Conclusion
The Punjab and Haryana High Court's decision is a reaffirmation of the rights of candidates belonging to reserved categories. By prohibiting the HSSC from demanding fresh BC certificates at advanced stages of the selection process, the court has upheld the principles of fairness and non-discrimination. This judgment not only rectifies the grievances of the affected candidates but also sets a standard for future recruitment processes, ensuring that they are conducted with transparency and adherence to the rule of law.
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