Haryana

LATEST SELECTIONS MADE TO 155 POSTS OF HCS (EB) & ALLIED SERVICES BY HPSC ,QUESTIONED BY HC ADVOCATE

February 08, 2023 04:19 PM

HARYANA GOVT YET TO FRAME RULES UNDER SECTION 5(1) OF HCS (EB) EXAM ACT, 2002, SAYS HEMANT KUMAR

Face2News/Chandigarh

The Haryana Public Service Commission (HPSC) on 6 Feb 2023 declared the Final Result for a total of 155 posts of Haryana Civil Service (Executive Branch) and Other Allied Services.

Meanwhile, an Advocate at Punjab & Haryana High Court, Hemant Kumar has raised serious questions over the legality of the aforesaid selection made by HPSC. He has today sent a Memorandum cum Pre-Litigation representation to the State Government including Chief Secretary and HPSC in this regard.

He has written that it has been 21 years since The Haryana Civil Services (Executive Branch) and Allied Services And Other Services Common/Combined Examination Act, 2002 (Haryana Act No. 4 of 2002) was duly enacted by State Legislature (Vidhan Sabha) of Haryana on 27 March, 2002 but till date the State Government is yet to frame and notify in the Official Gazette the "Rules" as prescribed under Section 5(1) of the ibid Act for the reasons best known to it.

It has been provided in the aforementioned Act that such framed Rules means under Section 5(1) of the ibid Act would lay down the procedure required to be followed by the HPSC for holding Common/Combined Examination for HCS (EB) and Allied and Other Services. After framing of such Rules as statutorily prescribed, they are also to be laid down before the State Legislative Assembly as mandated under Section 5(2) of the Act. Unfortunately, this has not been done till date, asserts Hemant.

Hence, the final selection made by HPSC recently in respect of a total 155 posts of HCS (EB) and Other Allied Services comes under legal scanner.

While quoting Article 309 of Constitution of India, Hemant has strongly advocated when that an Act pertaining to recruitment to public services and as enacted by an appropriate Legislature exists, then Rules ought to be framed and notified under relevant provisions of such Act itself as prescribed in Article 309 and not under its Proviso which comes into play only if there is no such enacted Act by State Legislature.

The Advocate further wrote that of course 15 years ago the Personnel Department of Haryana Government on 13 Feb, 2008 framed Haryana Civil Services (Executive Branch) Rules, 2008 for regulating the recruitment and conditions of service of persons appointed to the Haryana Civil Services (Executive Branch) which have also been amended from time to time but one must need to understand that these 2008 Rules have been framed by State Government in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and not under the Section 5(1) of the hereinbefore referred HCS Exam Act, 2002 which is as on date not only a duly enacted Act of the Haryana Legislative Assembly being Haryana Act No. 4 of 2002 but even its constitutional validity, albeit subject to certain limitations, has also been upheld by the Hon'ble Supreme Court on 27 Oct, 2004 (Virender Singh Hooda Vs State of Haryana).

While quoting Article 309 of Constitution of India, Hemant has strongly advocated when that an Act pertaining to recruitment to public services and as enacted by an appropriate Legislature exists, then Rules ought to be framed and notified under relevant provisions of such Act itself as prescribed in Article 309 and not under its Proviso which comes into play only if there is no such enacted Act by State Legislature.

Hence, when The Haryana Civil Services (Executive Branch) and Allied Services And Other Services Common/Combined Examination Act, 2002 (Haryana Act No. 4 of 2002) is already existing then relevant Rules must be framed under Section 5(1) of the ibid Act and not under Proviso to Article 309 as was erroneously done by Personnel Department of Haryana Government on 13 Feb 2008.

The Advocate seriously wonders if the State Government of Haryana indeed indeed wants to strictly comply with the ibid 2002 Act or otherwise ?

Pertinent to mention here that the incumbent ruling dispensation five years ago in the year 2018 got enacted The Haryana Civil Services (Executive Branch) and Allied Services And Other Services Common/Combined Examination (Amendment )Act, 2018 (Act No. 12 of 2018) via State Legislature and included the post of Naib Tehsildar in Appendix A to the ibid 2002 Act.

 
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