Dainik Haryana News, New Delhi: The Supreme Court has stayed the decision to give 5 bonus marks to socio-economically backward candidates in government recruitment examination in Haryana. In the decision given on Monday, the court said – it is unconstitutional. 5 marks bonus in jobs in Haryana declared unconstitutional: Supreme Court overturns state government’s decision; 23 thousand appointments stuck
The Khattar government of Haryana had decided to give 5 bonus marks to socially and economically backward applicants in jobs. The decision was implemented from May 5, 2022. Under this, the applicant of a family in which no member is in a government job and the family income is less than Rs 1.80 lakh per annum gets the benefit of 5 additional marks.
The Haryana government had given the benefit of bonus marks to families with an annual income of 1.80 lakh in the Common Eligibility Test (CET) of the Staff Selection Commission. Only the youth with the Parivar Pehchan Patra (PPP) of the state got this benefit.
Other candidates challenged it in the court. The double bench of Punjab and Haryana High Court had rejected the decision to give bonus marks on 31 May 2024. The High Court had said – this is like giving reservation in a way. When the state government has already given the benefit of reservation under the economically backward class, then why is this artificial category being created.
The Haryana government had gone to the Supreme Court against this decision of the High Court. The government had filed 4 petitions in the Supreme Court through the Haryana Staff Selection Commission (HSSC), which conducts the exam.
At the same time, due to this decision of the Supreme Court, 23 thousand youth who have got appointment in Group C and D released in the year 2023 will have to take the exam again. If they are unable to pass, they will be dismissed from the job. They were also given appointment in the year of recruitment itself.
Know the whole matter in a sequential manner
Bonus marks implemented in the recruitment of 2023
In Haryana, in 2022, the government under the leadership of the then CM Manohar Lal Khattar had planned the bonus marks. In which it was said that the families whose annual income is less than 1.80 lakhs. No one in the house already has a government job.
They will be given 5 bonus marks in the Common Eligibility Test (CET) of Group C (clerical staff) and Group D (grade four). The government had termed it as socio-economic reservation. The government had made the Parivar Pehchan Patra (PPP) the basis for determining the income. This is the document of single identity of the entire family of the Haryana government. The decision was implemented from May 5, 2022.
How many people of which category benefited
Since this bonus marks scheme was not for any particular class, it was implemented on 23 thousand youth in the recruitment of Group C and D in 2023. Apart from SC and OBC, families of General category are also included among those who benefited from it. However, the government did not give a clear figure of how many youth out of 23 thousand recruitment got the benefit of bonus marks.
The youth had filed the petition
When recruitment took place in 2023, many such youth were deprived of the job, whose marks were high but after getting bonus marks other youth got ahead of them. Therefore, many youths filed several petitions in the Punjab and Haryana High Court against the Haryana government. The High Court heard all of them together. After a hearing that lasted for about 1 year, the High Court canceled the government’s decision of 5 bonus marks 20 days ago.
The Haryana government has implemented the Parivar Pehchan Patra (PPP) scheme for a single family ID of the entire family. With this, people get the benefit of every government scheme.
The Haryana government has implemented the Parivar Pehchan Patra (PPP) scheme for a single family ID of the entire family. With this, people get the benefit of every government scheme.
What did the High Court say in the decision…
1. Neither any data, nor commission formed
The High Court, while hearing against the bonus marks, had said that before giving this benefit to the youth, neither any data was collected nor any commission was formed. If this happens, then first 5 bonus marks in CET and then the benefit of 2.5 marks as per the reservation in the recruitment exam will change the entire recruitment result.
2. Making PPP the basis is against the Constitution
The High Court had also raised questions on making the Haryana government’s Parivar Pehchan Patra (PPP) the basis, saying that only PPP holders have been considered eligible in it, which is not correct according to the Constitution.
3. Benefits in government appointment cannot be limited to one state
The High Court had said that any benefit in government appointment cannot be limited to the people of one state. Articles 15 and 16 of the Constitution and the Directive Principles of Policy apply to the whole of India. Where all citizens are entitled to get employment, the state government cannot be allowed to implement special reservation on the basis of citizenship in public employment.
The High Court had asked to seek fresh applications
The High Court had asked to seek fresh applications for recruitment to all posts in the order. The government was asked to complete the recruitment in 6 months. The High Court had said that 23 thousand employees recruited under the bonus marks process should be kept on the job for now. If they are not found eligible in the re-examination, they should be dismissed.
The double bench of Punjab and Haryana High Court had given the order against the bonus marks.
The double bench of Punjab and Haryana High Court had given the order against the bonus marks.
Supreme Court’s decision came in 5 days
After the High Court’s decision, Haryana Chief Minister Nayab Saini had said that he would challenge it in the Supreme Court. 5 days ago, the government had filed 4 appeals regarding this matter. The government’s
