SC upholds quashing of appointment of 1,983 instructors in Haryana in 2010

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  SC upholds quashing of appointment of 1,983 instructors in Haryana in 2010

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1. The Supreme Court upheld the decision of the Punjab and Haryana High Court quashing appointment of 1,983 Physical Training Instructors in schools in Haryana in 2010 and asked the state staff selection commission to conduct the recruitment process afresh.
2. It has directed the process be concluded within five months from the date of lifting of the lockdown.
3. Background - The Haryana SSC had invited applications for 1,983 posts of the instructors in 2006 and had appointed them in 2010. In pursuance of advertisement, 20,836 applications were received by the Commission which had decided to hold the written examination on January 21, 2007. The notification further provided that candidates equal to three times of the vacancies will be called for interview based on their performance in the written test but later a public notice was issued by the Commission that due to several complaints of malpractices and cheating the written examination would be cancelled. Another notice was issued by the Commission re-notifying the written examination  but before the fresh written examination could take place on July 20, 2008, third notice was issued by the Commission cancelling the written test. Then the selection panel decided to shortlist the candidates for interview based on the written test which it had decided to cancel. It then employed 1,983 PTI leading to pleas in the HC.
4. A bench of Justices Ashok Bhushan and Navin Sinha, in the judgement pronounced through video conferencing, upheld the verdicts passed by the single and division benches of the high court quashing the appointment process conducted during the Congress government led by B S Hooda.
5. It rejected the plea of the selected candidates that they have been working since 2010 and may be allowed to continue on their posts and said that they were allowed in pursuance of interim orders.
6. The candidates who have been selected and have worked on the post of the instructor shall not be asked to refund any of the salary and other 84 benefits received by them as against their working on the posts and no refund shall also be asked from those candidates who after their selection worked and retired from service, the judgment said.
7. It asked the state panel to complete entire section process within a period of five months from the date it starts working after the present lockdown is over.
8. Dealing with the appeals of the selected candidates and the state panel, the bench said when the selection was set aside, the fresh selection process should have been held as per the advertisement of 2006 and process of recruitment has to be brought to its logical end .
9. It said that the High Court should have directed to complete the process from that stage of holding the written test for the instructor.

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