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Stunned at non-functional HSSC,court quashes selection
IN A major embarrassment for the Haryana government and indictment for the non-functional Haryana Staff Selection Commission (HSSC),the Punjab and Haryana High Court on Tuesday quashed the chequered the selection of 1,983 physical training instructors (PTIs) made in 2010.
Despite HSSC having nine members,almost all important decisions like including framing rules for the selection process and calling off written examination were taken by the then chairman Brigadier (retd) Nand Lal Poonia.
He did not,according to the court,involve or intimate any other member during the selection process.
Stunned at the selection process adopted,Justice Augustine George Masih set aside all selections made by the Haryana government. Strictures were also passed against HSSC,which has been given five months to conduct fresh selections. One of the major grounds on which the court set aside the selection process is that HSSC changed the selection process midway. This was challenged by unsuccessful candidates in the high court.
Observing that HSSC has a responsibility to perform and therefore has to function as a body,the court said: Day-to-day functions can be taken care of by the chairman,if so delegated or conferred,but all major decisions pertaining to the selection has to be taken by the commission.
It added: This indicates that the Commission is non-functional. Rather,the records indicate that the chairman is all in all and solely functions as a commission. Strange as it may sound but only one decision taken by the commission in the total selection process. In none of the earlier decisions,which have been taken in the chequered process of selection,any of the members of the commission been consulted,associated or a party thereto.
Sating that there is no semblance of collective responsibility or decision making process,the court observed that the very concept and spirit of the commission stands butchered and banished as there was no consultation,association and participation by any member in the present selection process for filling up posts of PTIs. The decisions in pursuance,whereto selection process has been initiated,processed and concluded,cannot be said to be that of the Commission, it added.
On the role played by the then chairman,Justice Masih held: From the decision to advertise the posts till the declaration of result and making recommendations to the appointing authority of the selected candidates,not a single decision has been taken by the Commission. All decisions are taken by the chairman of the commission alone. He added that despite HSSC having eight members,besides the chairman,but at no stage have they met to take any decision in or during the selection process.
The case
In 2006,an advertisement was issued for the selection of PTIs. Initially,as per HSSC criteria that was published,only 25 marks was kept for the viva-voce. Thereafter,the candidates were not informed that the criteria for selection has changed now,viva-voce marks was fixed at 30. The petitioners,who are the unsuccessful candidates,have claimed that this was done to help some favourties. They were awarded high marks in the interview so that they get selected and for this purpose,the viva-voce marks were increased from 25 to 30,the petitioners have alleged.
Indicted for erroneous appointments,babus found favour with Haryana govt
Ironical as it may seem,the fact remains that Haryana government remains benevolent on such officers,who are now being indicted for erroneous and illegal appointments they made as members or chairpersons of selection commissions.
Be it the Om Prakash Chautala-led Indian National Lok Dal regime or Bhupinder Singh Hooda-led Congresss tenure,the appointments made by Haryana selection commissions under the two successive governments now stand declared as erroneous,arbitrary and illegal.
While the Central Bureau of Investigation (CBI) recently indicted Chautala and a number of bureaucrats who were at the helm of affairs during his tenure for making arbitrary and erroneous recruitments to Haryana Civil Service (HCS),the Punjab and Haryana High Court on Tuesday quashed the recruitment of Physical Training Instructors (PTI teachers) appointed by Hooda government.
While the Haryana Public Services Commission (HPSC),during Chautalas regime,was scrapped,chairperson of the HSSC,which recruited PTI teachers during Hoodas tenure,has been indicted by the court.
Brigadier (Retd) Nand Lal Poonia,a close aide and a distant relative of Chief Minister Bhupinder Singh Hooda,was appointed as the chairman of the newly-constituted Haryana School Teachers Selection Board (HSTSB) in February this year.
Interestingly,the age-norms for the post were relaxed to accommodate Poonia.
While announcing his appointment,the state government had said that the chairman and members of the HSTSB shall continue on their posts at least for three years from the date of their appointment or until they attain the age of 72 years,whichever is earlier.
Similarly,three retired Haryana-cadre IAS officers,who now stand indicted for making erroneous recruitments,through HPSC,during Chautalas regime,also held plum positions in Haryana government,post-retirement.
The three are AN Mathur,KC Sharma and RN Parashar. The CBI has recommended registration of a criminal case,against all the trio,besides several others.
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