While appreciating the Haryana government for its wisdom in making such provisions, the Punjab and Haryana High Court upheld the Haryana government job recruitment rules, which provide for awarding additional marks to those applicants who have no close relative with state or central government employment. The rules for awarding additional marks to applicants from denotified tribes and to graduate and postgraduate degree holders in police have also been upheld.
State Advocate General Baldev Raj Mahajan had opposed the petitions against the provisions and said the government wants to adopt a humane approach to such candidates. The Court said the provisions do not violate Articles 14 and 16 of the Constitution of India. The additional marks for candidates with no close relative in government departments and those belonging to denotified and nomadic tribes are provided in recruitment tests held for Group C and D posts.
Commenting on provision of awarding 5 marks to such candidates, the High Court said, “We really appreciate such a provision made by the Government of Haryana and would rather praise it as none of the State in the Country has made such a provision nor recognised the unfortunate deprivation of any employment in the Government Departments etc.”
On the provision for additional four marks to candidates – in recruitments for police – who have graduate degree and additional 3 marks to those who have postgraduate degree, the division bench comprising Justices A.B. Chaudhari and Harminder Singh Madaan has said that it is known fact that despite obtaining the degrees, a number of candidates are unable to find employment.
“This would certainly be helpful to the Government because of the higher education of the police constable. It ensures to the benefit of State and public at large regarding the advantage of the higher education qualification and also the maturity that is obtained having graduate or postgraduate degrees,” the judgment read.
The division bench has further appreciated the provision which provides for additional 5 marks to candidates who belong to the denotified tribes (Vimukt Jatis and Tapriwas Jatis) or nomadic tribe, who are neither Scheduled Castes nor Backward Class. “This class of tribe hardly have any representation in Government employment. Keeping in mind the deprivation of Government employment to such category or tribe throughout must have impressed by the Government to provide for additional 5 marks,” the judgment stated.