Supreme Court to Hear Haryana SSC's Appeal Against Quashing of Notification Granting 5% Additional Marks to State Domiciles in CET on June 24

Today (June 20, 2024, Thursday), the Supreme Court (SC) of India has delayed until June 24, 2024, the pleas filed by the Haryana Staff Selection Commission (SSC) against setting aside a 2022 notification. This notification gave a 5% extra marks benefit to domiciles of Haryana in recruitment for certain jobs based on "socio-economic" criteria. The SC vacation bench, which consists of Justice Vikram Nath and Justice SVN Bhatti, heard the matter today. The top Court bench was handling Haryana SSC's challenge to the Punjab and Haryana High Court's decision on May 31, setting aside the notification.

The "socio-economic" criteria provided extra marks to the domiciles of Haryana if no family member was a regular government employee and the family's total annual income was less than 1.80 lakh rupees. The criteria also included applicants who were (i) widows, (ii) first or second child, and their father died before attaining the age of 45 years, (iii) first or second child, and their father died before the applicant attained the age of 15 years; or members of denotified or Nomadic tribes of Haryana. Additionally, applicants received a half percent extra for each year or part of a year over six months of relevant work experience in government roles on the same or a higher post in any Department, Board Corporation, Company, Statutory, Body, Commission, etc. under the Haryana government.

The High Court set aside the notification, stating that the socio-economic criteria unfairly favored only those who lived in Haryana. "...no State can restrict employment to its own residents alone by allowing the benefit of 5% weightage in marks. The respondents have created an artificial classification to the similarly situated candidates applying for the post," it said. The court declared that the criteria and extra marks in the 2023 Common Entrance Test Results were against Articles 14, 15, and 16 of the Constitution, ordering a new selection process.

The HC said, "We find from the written submissions of the State as noticed above, that they have miserably failed to understand the ethos of the provisions of the Constitution of India. Once the provisions have been laid down under Articles 15 and 16 and under the Directive Principles, the same would apply to PAN Bharat and the State Government cannot be allowed to introduce special reservations of a nature in public employment where all the citizens are entitled to participate and seek employment."

Moreover, the High Court stressed that reservations must follow Articles 15 and 16 of the Constitution and cannot introduce special benefits in public employment beyond these rules. "This Court finds that the socio-economic criteria... is clearly an act of arbitrariness and discrimination created to the similarly situated persons and no person ought to be given benefits," it noted. Haryana SSC, unhappy with the High Court's decision, appealed to the Supreme Court. Despite the urgency expressed by the petitioners, the bench set the next hearing for June 24. The order reads, “Today it is likely to be dismissed, [that's why] you'll take it in July.”