Punjab & Haryana High Court Declares Govt's 'Socio-Economic Criteria' For Giving Extra Marks In Govt Jobs Recruitment Unconstitutional

The Punjab & Haryana High Court has declared "unconstitutional", the socio-economic criteria introduced by the Haryana government for granting additional marks in state government jobs.

Justice Sanjeev Prakash Sharma and Justice Sudeepti Sharma set aside the criteria, stating that it is violative of Articles 14, 15 and 16 of the Constitution of India.

The Court was hearing a batch of petitions filed in 2023, challenging the socio- economic criteria for awarding extra marks to certain classes of candidates in state government jobs.

According to Haryana Group D Employees (Recruitment and Conditions of Service) Act, 2018, the following class of people were broadly considered under "socio-economic" criteria for granting additional marks 5% marks.

If none of his family members are the government employees and gross annual income of the family from all sources is less than 1.80 lakh rupees.

The widow or the first or second child and his father had died before attaining age of 45 years.

If the applicant belongs to "denotified tribe" or Nomadic tribe of Haryana.

Lastly, the applicant was to be awarded half percent weightage each for year or part thereof exceeding six months of experience, on the same or a higher post in any Department, Board Corporation, Company, Statutory, Body, Commission, etc. under Haryana Government.

Counsel representing one of the petitioners, Advocate Sarthak Gupta submitted that reservations for socially backward classes and the economically weaker sections already granted by the State. Grant of extra marks to “socially backward/deprived class of people” amounts to further special treatment/double reservation, which is impermissible under the Constitution.

Grant of bonus marks leads to breach of 50% ceiling limit of reservations, as set by the Supreme Court in Indra Sawhney & Others vs Union of India, 1992 , as the same is in addition to reservations already provided for. What cannot be done directly, cannot be done indirectly, he added.

Considering the submissions, the Court set aside the criteria. 

Also read: 'Rules Can't Be Based On Political Agenda': High Court On Haryana Govt's Socio-Economic Criteria For Extra Marks In Govt Jobs Recruitment

Click here to read/download the order

Title: Varun Bhardwaj v. State of Haryana & Anr.