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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJEEV PRAKASH SHARMA, KIRTI SINGH
Haryana Public Service Commission – Appellant
Versus
Parmila – Respondent
| Table of Content |
|---|
| 1. dispute over examination and selection process involving reserved and unreserved categories. (Para 1 , 2 , 5 , 6) |
| 2. arguments about the merit-based inclusion of candidates in open categories. (Para 8 , 11 , 15) |
| 3. the court articulated the principle of merit over reservations during selection. (Para 17 , 19 , 21 , 26) |
| 4. final determination of the appeal and remanding of the case for proper examination. (Para 31 , 32 , 33) |
JUDGMENT :
Sanjeev Prakash Sharma, J.
This order will dispose of two cases i.e. LPA No. 329 of 2024 and CWP No. 17188 of 2024, as common questions of law and facts are involved therein.
2. By way of present LPA No. 329 of 2024, the appellant-Commission has assailed the judgment dated 08.01.2024 whereby the learned Single Judge has allowed the writ petition and directed to revise the screening test result and proceed with the process of selection for the advertised posts in accordance with law without categorizing the candidates till the final merit list is drawn.
3. CWP No. 17188 of 2024 has been filed for issuance of direction to the respondents to re-conduct the examination after following due process of reservation at all levels including at the le
Merit must govern the selection of candidates across categories, allowing migration from reserved to open categories based on superior performance.
Merit-based selection requires inclusion of qualified candidates from reserved categories in the unreserved list at the preliminary examination stage, ensuring compliance with equality and fairness p....
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
The main legal point established in the judgment is the permissibility of migration of reserved category candidates into the open category in the selection process, and the exercise of writ jurisdict....
The court emphasized the importance of challenging a wrongful action promptly and within a reasonable time, and upheld the result prepared in accordance with the Rules and advertisement.
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