HC pulls up Haryana public service commission from overstepping in recruitment
Public service body cannot verify credentials or reject candidates on experience proof, rules judge.
The Punjab and Haryana High Court ruled that the HPSC acted beyond its authority by rejecting a candidate over experience proofs, a task meant for the appointing department. (File Photo) The Punjab and Haryana High Court has delivered a sharp rebuke to the Haryana Public Service Commission (HPSC), holding that the commission exceeded its constitutional and statutory mandate by rejecting a candidate’s application on the ground of insufficient proof of past experience.
In a judgment delivered on January 15, 2026, Justice Harpreet Singh Brar quashed two HPSC orders that had cancelled the candidature of Prasoon Sharma for the post of Manager (Utility) in the Haryana State Industrial and Infrastructure Development Corporation (HSIIDC).
The court framed the core issue clearly: “Whether a Public Service Commission, while discharging its constitutional or statutory duty of selection and recommendation, can embark upon character verification, antecedent inquiry, confirmation of credentials or adjudication of document validity, which is otherwise vested in the appointing authority/employer-Department?”
Justice Brar answered in the negative, declaring that “unless empowered by a statutory framework, a Public Service Commission cannot embark upon character verification, antecedent inquiry, confirmation of credentials or adjudication of document validity” during the selection process.
The case arose from a 2018 recruitment drive for seven posts of Manager (Utility). Sharma, who holds a first-class engineering degree, applied under the general category and claimed two years of post-qualification experience: over one year with private firm M/s Atcon Engineers and the balance with the state’s Irrigation and Water Resources Department.
He cleared the written examination held in September 2021 and initially faced no objection during document scrutiny. However, in June 2022 the commission raised doubts about the genuineness of his private-sector experience and demanded specific supporting documents such as bank statements showing salary credits, EPF and ESI records, Form 26AS, and NPS statements.
These requirements were introduced only after the written test results, through an announcement dated November 11, 2021. The original advertisement had prescribed no such list of proofs.
Sharma explained that as a small private firm, M/s Atcon Engineers did not fall under EPF or ESI obligations, paid salaries in cash, and his earnings were below the taxable limit. He submitted alternative documents including salary slips, appointment letter, experience certificate, and non-applicability certificates. The commission nevertheless rejected his candidature in September 2022.
The court noted that HSIIDC, the appointing authority, had already constituted a committee that verified Sharma’s documents and confirmed the experience as genuine. It also recorded that Sharma had scored higher marks than the last selected candidate.
Justice Brar emphasised institutional boundaries, stating that upholding “the concept of institutional integrity” requires every authority to respect the domain and independence of others. He observed that the commission’s role is limited to conducting examinations and making recommendations, while final appointment and verification of credentials rest with the employer.
The judgment cited the Supreme Court’s ruling in Jatinder Kumar vs State of Punjab (1985), which held that recommendations of public service commissions are only advisory and the government remains the final arbiter of suitability.
The court directed HSIIDC to consider Sharma for appointment, granting him notional benefits from the date others in the batch joined in February 2024, though actual salary would start from the date he assumes duty. Only three candidates have joined against the seven advertised posts.
A copy of the order has been sent to the Chief Secretary of Haryana to prevent recurrence of such overreach and maintain institutional discipline.
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