The introduction of socio-economic criteria was quashed for violating constitutional equality provisions.

SANJEEV PRAKASH SHARMA, J.(Oral)

1. Application No.CM-3446-LPA-2025 has been filed for preponement of the main case. For the reasons stated, the same is allowed. Main case is taken up today itself.

2. The challenge is made by the appellant with regard to granting of 5 marks under Socio-Economic criteria by the learned Single Judge. This Court in a bunch of cases with lead case of CWP-1563-2024 titled as Sukriti Malik vs. State of Haryana and another, decided on 31.05.2024, wherein socio-economic criteria has been quashed and set aside, has held as under:

“78. It is apparent that since the selections and appointments have been made by the respondents during the pendency of these cases, it is for the State/Commission to have taken a decision at their own risk and costs. Any appointment made by them in terms of theory of lis pendence will, therefore have to go.

79. Keeping in view our aforementioned findings, we conclude as under:-

MOHIT GOYAL A) The socio economic criteria introduced vide amendment notification dated 05.05.2022 is quashed and set aside. The bonus marks granted on the basis of socio economic criteria held to be violative of Articles 14, 15 and

16 of the Constitution of India.

B) CET result declared on 10.01.2023 as well as subsequent result dated 25.07.2023 are quashed. It is directed that the fresh merit shall be now prepared solely on the basis of the CET marks of the candidates who have appeared in the same. Making it as a basis, the State/Commission shall now issue a fresh advertisement for filling up various posts and each candidate shall be allowed to apply strictly in accordance with the Rules for the posts and if more than four times applicants are available for the posts, the respondents may lay down a cut-off of the CET for the purpose of participation. The Rules for examination shall accordingly follow The result shall be declared accordingly.

C) Those candidates, who have been appointed on various posts on the basis of the earlier result, shall be allowed to participate in the fresh selection process if they fall in the new merit list of the CET. Till fresh selection is prepared they shall be allowed to continue to perform their duties on the posts to which they have appointed. However, if they are not selected ultimately in the fresh process, they shall have to leave the posts and their appointments shall stand terminated forthwith. No right shall be created in their favour on account of continuing on the posts nor will they be entitled to claim any benefit on account of the same except the salary for the period during which they perform their duties.

D) Keeping in view our findings relating to conducting of examination without declaring the result of CET finally by the Commission, we direct the Chief Secretary, Haryana to take steps to appoint a suitable candidate having experience of conducting examinations MOHIT GOYAL as Secretary of the Haryana Staff Selection like the Controller of Examinations of any State Universities. E) In order to maintain transparency and consistency, the Commission is henceforth directed to frame Rules of the Commission for conducting of its examinations without leaving any discretion for its officials or Members to take decisions on their whims and fancies which has resulted in the present litigation.

F) The exercise shall be completed afresh positively within a period of six months.”

3. In view of above, the present appeal stands allowed in the same terms.

The observations, as above, shall apply to the present case too. The order dated 20.12.2023 passed by the Single Judge granting bonus marks under socio-economic criteria is set aside.

4. All pending applications also stand disposed of accordingly.