Improper To Say Selection Process Was Vitiated When Paper Wasn't Leaked Or Without Any Deficit In Academic Standard Of Exam: Punjab & Haryana HC

The Punjab & Haryana High Court has upheld the recruitment process for 1,091 assistant professors and 67 librarians in Punjab Government colleges. The Court set aside the order of the Single Judge, whereby the selection process was quashed in 2022.

Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "It was completely inapt for the learned Single Judge to conclude that the selection process was vitiated, besides also the same has been made on mere surmises and conjectures, and/or it has been merely founded upon unfounded suspicion, even when there was no paper leakage, nor there was any material suggestive, that the academic standard setforth in the examination were deficit in any account, thus to only favourably endow advantage to the successful candidates."

The Court also opined that the candidates who challenged the selection process lacks locus standi because they appeared for the written exam but failed to qualify it, hence they cannot later question the process after participating in the same.

"The said lack of locus standi inhering in the respondents concerned, appears to become overlooked by the learned Single Judge of this Court. Contrarily, the respondents who are merely contractual Teachers, and, who also failed in the written examinations, thus are reaping the benefits of the present litigation, to the detriment of the present appellants, who acquired the relevant notch in the qualifying examinations, as became held to fill up substantive vacancies," said the bench.

The Candidates had challenged the recruitment process stating that the selection process was fundamentally flawed, they sought for directions to fill the vacant positions through the Punjab Public Service Commission (PPSC) in accordance with service rules and University Grants Commission (UGC) regulations.

After hearing the submissions, the Court considered the question whether  the UGC Regulations of 2018 were properly adopted during the Council of Ministers meeting on September 17, 2021.

The division bench noted that the Chief Minister later approved the the minutes of meetings, even though he was absent during the meeting.

Referring to cash for job PPSC recruitment scam, the bench opened that "there is no indefeasible rule that only the recruitment process engaged into by the PPSC, do require the assigning of utmost sanctity."

"In the face of the above too, especially when this Court concludes that there was no paper leakage, nor there was any illegality in the non-takings of viva voce by the selected candidates," it added further.

While allowing the appeal and upholding the recruitment, the Court said the students have "a right to be imparted education by par excellent teachers, who become selected through theirs undergoing the rigours of a taint free examination."

Title: Jagjeet Singh and others v. State of Punjab and others [along with connected matters]

Citation: 2024 LiveLaw (PH) 334

Click here to read/download the order