Punjab and Haryana High Court- DECISION AGAINST DE-RESERVING POSTS OF JUDICIAL OFFICER HC upholds govt stand

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DECISION AGAINST DE-RESERVING POSTS OF JUDICIAL OFFICERHC upholds govt standSaurabh Malik

Chandigarh, December 5
The Punjab and Haryana High Court has upheld the Haryana Government’s stand against de-reserving posts of judicial officer despite recommendations made by the High Court itself. A Division Bench has also made it clear that the reservation policy for giving representation to SCs or backward classes in public employment could not be varied, modified or put in abeyance through an executive action.
The ruling by Justice Surya Kant and Justice RP Nagrath came on a petition filed by Dhirinder Chopra against Haryana and other respondents.
The government on re-consideration of a reference made by the High Court for de-reserving unfilled reserved posts in relaxation of rules had earlier expressed its inability to accept such recommendations.
The controversy pertains to appointments tothe Haryana Superior Judicial Service in the rank of Additional District and Sessions Judges. The petitioner was seeking quashing of the orders dated December 22, 2010, and July, 18, 2011, passed by Haryana declining to de-reserve the unfilled reserved posts of Scheduled Castes and backward classes and consequential appointment against the de-reserved posts.
Taking up the matter, the Division Bench has ruled: “We are of the considered view that the stand-point taken by the state government is just, reasonable and fair and it does no violence to Articles 233 to 235 of the Constitution.
“The reservation policy of the state government unambiguously stipulates that the posts reserved for SCs/backward classes can be de-reserved only in rare and ‘exceptional’ circumstances if suitable candidates from these reserved categories are not available despite two or three attempts made to fill such posts.
“The reserved posts in the instant case though were advertised by the High Court in 2001 and 2003, but concededly the recruitment process was scrapped due to proposed amendments to the service rules. The pre-condition for de-reservation of the reserved posts thus was never complied with….
“A reservation policy for giving representation to the SCs or the backward classes in public employment is not a simplicitor administrative decision which can be varied, modified or put in abeyance through an executive action.
The Bench added: “The recommendations made by the High Court never intended nor could they be construed to set at naught the means of social welfare or to extend undue advantage to those general category candidates who failed to earn the requisite merit for appointment against open category posts”.