BACKGROUND
a notification was issued by the Haryana Staff Selection Commission (SSC) in 2022 which was set aside by the Punjab and haryana Highcourt on 31 May 2024. This notification granted 5% additional marks to Haryana domiciles in the recruitment for certain Group C and D posts, based on specific “socio-economic” criteria. The criteria included factors such as:
- No family member being a regular government employee and family income being less than 1.80 lakh rupees annually.
- The applicant being a widow or the first/second child whose father died before a certain age.
- Belonging to a “denotified tribe” or Nomadic tribe of Haryana that is neither a Scheduled Caste nor a backward class.
- Additional weightage for experience in relevant posts within Haryana government bodies.
The high court set aside this notification stating that it created an artificial classification that unfairly benefited Haryana domiciles, violating Articles 14, 15, and 16 of the Constitution of India. The High Court held that such socio-economic criteria were arbitrary and discriminatory, and that the rules should be based on actual data rather than political agendas. It further emphasized that reservations should adhere to constitutional provisions and apply across the entire country, not be limited to state residents alone. The Haryana SSC and other petitioners, aggrieved by the High Court’s decision, approached the Supreme Court for relief.
UPDATE
The Supreme Court vacation bench, comprising Justices Vikram Nath and SVN Bhatti has adjourned the hearing of the Haryana Staff Selection Commission’s (HSSC) appeal against the Punjab and Haryana High Court’s ruling on the 5% additional marks for Haryana domiciles until June 24, 2024, despite the petitioners’ plea for urgency in order to further examine the validity and implications of the High Court’s judgment and the Haryana SSC’s notification.
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Written by – PRATYASA MISHRA
