HC directs HPSSC to amends rule to evaluation of eligible candidates

 Himachal Pradesh High court today directed the Himachal Pradesh Staff Selection Commission to amend rule to evaluation of eligible candidates in recruitment process.Taking strong exception to calling of  ineligible candidates also for evaluation/interview for the posts of Junior Programmer S-1 Level(on contract basis) , the High Court of H.P. has directed the H.P. Staff Selection Commission, to carry out necessary amendment in the Rule of business and selection process adopted, providing evaluation of eligibility of candidates atleast before  shortlisting them for final evaluation in the ratio of 1:3 on the basis of merit in written or screening test.The aforesaid order was passed by Justice Vivek Singh Thakur on a petition filed by one  Bharat Bhushan Shah.  Brief facts of the case are  that furtherance to requisition sent by Power Corporation,  H.P. Staff Selection Commission advertised four posts of Junior Programmer S-1 Level (on contract basis). 245 candidates applied, out of which candidature of 70 candidate was cancelled due to non-deposit of requisite fee and remaining 175 candidates including the petitioner were admitted provisionally to sit in the screening test. However, only 23 candidates  appeared in written test and on declaration of result, first 12 candidates in merit were called for evaluation or interview in the ratio of 1:3. The petitioner being at Sr. No. 13, was not called for interview or evaluation. Only 8 candidates appeared in interview and out of them, 7 candidates were not possessing requisite experience and only one candidate who was found eligible, was selected, recommended and appointed as Junior Programmer S-1 Level. The Petitioner approached the Court for quashing and setting aside the selection process, praying to direct the Commission to interview the petitioner for the said post being eligible. An alternative prayer was also made for direction to respondents to fill-up the remaining vacant posts from amongst left out eligible candidates in the merit list. During the course of hearing the counsel for respondent-Commission contended that  Commission has conducted the selection process in accordance with Rules of Business adopted by and as applicable to  the Commission. He also contended  that applications were invited through On-line mode and therefore, there was no occasion for respondent-Commission to check and verify the eligibility of candidates before evaluation.  The Court observed that purpose of conducting written test or screening test in a selection process is for choosing and picking meritorious candidates by shortlisting large number of applicants so as to facilitate selection of the best candidate(s) out of persons in merit in the ratio of 1:3 by calling them for interview. In case, ineligible candidates are permitted to be included in the ratio of 1:3, then it is a farce exercise rather an eye-wash claiming selection of one by considering three meritorious candidates as selection of one person by considering him amongst ineligible candidates is a selection by default but not on the basis of merit amongst eligible candidates in the ratio of 1:3.  If scrutiny of eligibility would have been done before evaluation process, the petitioner would have been definitely shortlisted amongst the candidates called for evaluation on shortlisting the candidates in the ratio of 1:3.The Court further observed that instead of accepting shortcomings in Rule of Business and undertaking necessary steps to improve the same, respondent-Commission has resisted the petition by justifying its illogical, unreasonable, irrational and arbitrary process and Rule of Business. The Court also observed that it appears that respondent-Commission is illequipped and there is no will to improve the system or to make efforts for providing a prudent and plausible Rule of Business by making necessary arrangements. The Court directed  that the respondent-Commission is restrained from adopting and continuing such practice with direction to carry out necessary amendment in the Rule of Business and/or selection process adopted.The Court further directed the Commission to determine eligibility of candidates in waiting and undertake the evaluation process for remaining three posts by shortlisting candidates in the  ratio of 1:3 amongst eligible meritorious candidates on the basis of their eligibility and merit in written/screening test. The Court directed that the needful be done on or before 31st January,2023 by completing process and making recommendations of eligible meritorious candidates for appointment by Power Corporation.