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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.

3 min readJan 22, 2026 10:32 AM IST

The court ordered reconsideration of the candidate’s appointment and warned against such institutional overreach in future.

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.

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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.

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A copy of the order has been sent to the Chief Secretary of Haryana to prevent recurrence of such overreach and maintain institutional discipline.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More