AMBIGUITY PERSISTS IF AMENDMENT MADE IN RULES AFTER CLOSING DATE OF ADVT WOULD BE APPLICABLE IN FORTHCOMING PRELIMS EXAM OR NOT  

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The Haryana Public Service Commission (HPSC) two and a half months ago in Feb, 2023 issued an Advertisement bearing no. 11/2023 pertaining to Haryana Civil Service- HCS (Executive Branch) and other Allied Services - 2022 in which firstly total 95 posts were advertised which were subsequently raised to 100 via issuance of a corrigendum by HPSC dated 7 March 2023. The closing date for submission of application forms was 12 March 2023. Meanwhile, the

Preliminary examination for the above is scheduled to be conducted by HPSC on 21 May 2023. 

Meanwhile, an Advocate at Punjab & Haryana High Court, Hemant Kumar, has sent a legal representation to HPSC wherein he has questioned the mentioning of two contrary conditions in its aforementioned Advt. pertaining to conduct of the HCS (Prelims) Exam. 

The Advocate said that at Page No. 2 of the HPSC Advertisement it has been mentioned that the HCS (Ex. Br.) & other Allied Services Examination will be conducted in accordance with the provisions contained in HCS (Ex. Br.) & other Allied Services Rules, 2008 (as amended upto the date of issuance of advertisement) and Haryana Civil Services (Ex. Br.) & Allied Services & other Services Common / Combined Examination Act, 2002 and as per the Government instructions as are in force upto the date of issuance of this advertisement. 

Further on Page No. 5 of the aforementioned HPSC Advertisement as regards Preliminary Examination. it has been mentioned that in case any amendment is made in the HCS (Ex. Br.) & other Allied Services Combined Examination Act, 2002 or in HCS Rules, 2008 regarding conduct of HCS (Ex. Br.) & other Allied Services Examination, the same will also be applicable to this advertisement. An announcement to this effect will be issued by the HPSC separately.

Now since the aforementioned latest amendment has come into force from the date of its publication in the Official Gazette i.e with effect from 12 April 2023, hence it needs to be made clear by HPSC that if the same would be applicable on the HCS (Ex Br) and other Allied Services Prelims Examination which is scheduled for 21 May 2023 since as per what is mentioned on Page No. 2 of the HPSC Advt No. 11/2023 it would not be applicable while on the basis of what has been mentioned at Page No. 5 of the same Advt, it can be applicable, questions Hemant.

Hemant asserts that since what has been mentioned at Page No. 2 and Page No. 5 of the aforementioned HPSC Advertisement is clearly contrary to each other i.e. on one hand, HPSC is mentioning on Page No. 2 that the HCS (Ex. Br.) & other Allied Services Examination will be conducted in accordance with the provisions contained in HCS (Ex. Br.) & other Allied Services Rules, 2008 (as amended upto the date of issuance of advertisement) i.e. as on 9 Feb 2023 and Haryana Civil Services (Ex. Br.) & Allied Services & other Services Common / Combined Examination Act, 2002 and as per the Government instructions as are in force upto the date of issuance of this advertisement while on Page No. 5 it has been mentioned that in case any amendment is made in the HCS (Ex. Br.) & other Allied Services Combined Examination Act, 2002 or in HCS Rules, 2008 regarding conduct of HCS (Ex. Br.) & other Allied Services Examination, the same will also be applicable to this advertisement. An announcement to this effect will be issued separately.

Hence in view of the above the ambiguity prevails which needs to be cleared at the earliest by the HPSC.

Furthermore, in pursuance of the decision of the Haryana Cabinet dated 5 April 2023, the Personnel Department of Haryana Government issued a Gazette Notification dated 12 April 2023 which amends Rule 11 of the Haryana Civil Services (Executive Branch) Rules, 2008. It has now been provided that each question shall have five options ( A, B, C, D and E). If a candidate is attempting a question, he shall have to darken the appropriate circle A, B, C or D and if not attempting a question, then, he shall have to darken the E circle. If none of the circle is darkened, one fourth (0.25) mark shall be deducted. Also it has been provided that any candidate not darkening any of the five circles in more than 10% questions shall be disqualified.

Now since the aforementioned latest amendment has come into force from the date of its publication in the Official Gazette i.e with effect from 12 April 2023, hence it needs to be made clear by HPSC that if the same would be applicable on the HCS (Ex Br) and other Allied Services Prelims Examination which is scheduled for 21 May 2023 since as per what is mentioned on Page No. 2 of the HPSC Advt No. 11/2023 it would not be applicable while on the basis of what has been mentioned at Page No. 5 of the same Advt, it can be applicable, questions Hemant.

Furthermore, on Page No. 5 of HPSC Advt, it has also been mentioned by the HPSC that if a candidate gives more than one answer, it will be treated as wrong answer even if one of the given answers happens to be correct and there will be the same penalty as stated at point No. (iii) above, to that question. In other words, in that case also one fourth (0.25) mark shall be deducted

Hemant seriously wonders that when for the above neither any decision has been taken by the Haryana Cabinet (Government) till date nor any appropriate Amendment has been made in Haryana Civil Service (Executive Branch) Rules, 2008 ( read in the recent Gazette Notification dated 12 April 2023), so how and why the HPSC has included the above condition in its Advt. pertaining to the HCS Exam, asserts Hemant.

Hemant also asserted that although HPSC is a constitutional authority/body established under Article 315 of Constitution of India however it can conduct examinations for appointment to various Group A and Group B services of the State only in accordance with the Rules as framed by the State Government either under proviso to Article 309 of Constitution of India or under relevant statute, if enacted and applicable.