Verify eligibility, not ability to upload docus online: HC sets test for rectifying job form defects | Chandigarh News


Verify eligibility, not ability to upload docus online: HC sets test for rectifying job form defects

Chandigarh: Punjab and Haryana high court has laid down a “Root of Eligibility Test” to determine whether defects in online application forms or uploaded documents can be rectified, holding that candidates who possessed the requisite eligibility on the cut-off date cannot be excluded from recruitment merely because of a defect in its proof.Justice Harpreet Singh Brar, while deciding a bunch of 145 cases concerning recruitments conducted by Haryana Staff Selection Commission (HSSC) and Haryana Public Service Commission (HPSC), held that “eligibility and its proof” are distinct concepts. The court directed the Haryana chief secretary to frame a uniform policy within three months that will be binding on both recruiting agencies.The petitions were filed by candidates, Pradeep and others, who were excluded from recruitment processes because of defects in their online application forms or documents.The application of Pradeep, a BC-B category candidate who scored 72.20 marks (against a 70.30 cut-off), was rejected after a cyber cafe operator uploaded an outdated certificate despite correct details being entered.The petitioners argued that an error by a cyber cafe or common service centre operator should not defeat a candidate’s merit. They also contended that HPSC allowed candidates to rectify defects through provisional rejection notices, while HSSC did not provide a similar opportunity.HSSC argued that the terms of the recruitment advertisement were binding and that candidates were responsible for errors made by operators engaged by them.HC observed that digitisation of recruitment must not become a reason to deny candidates an opportunity.“…digitisation must be matched by the means to use it, and a process which is efficient for the agency but unforgiving for the candidate does not answer the constitutional promise of equality of opportunity”, said the bench.The court added that the state should ensure its recruitment portals are designed with the candidate in mind, defects are capable of being cured, and no candidate denied consideration merely for want of the means to navigate them.The court said document scrutiny was meant to verify whether a candidate possessed the eligibility and not to test his ability to upload documents online. “It is, therefore, expected of every recruiting agency of the state that its scrutiny is directed towards discovering the truth of a candidate’s eligibility, and not towards finding a ground for its rejection”, it added.Under the “Root of Eligibility Test”, the HC held that candidates who applied for required certificates on or before the cut-off date but received them later must be treated as eligible, subject to official verification. This was set out as the “Pending Application Rule”.The court also laid down a “State Recognition Rule”. Under it, blanket extensions or validations granted to specific certificate classes—such as the May 18, 2026, state cabinet decision validating 2024–25 BC-A and BC-B (non-creamy layer) certificates—must also benefit similarly situated candidates in HSSC recruitments.The court directed HSSC and HPSC to provide a post-closing correction window and issue provisional rejection notices giving candidates at least seven days to rectify errors.It further directed that certificates be verified through the SARAL portal or Family Information Data Repository, wherever the certificate number or Parivar Pehchan Number has been furnished.The recruiting agencies must follow a uniform policy, and advertisements clearly specify the relevant financial year, the date by which certificates must be issued and the prescribed format, HC held.The court ordered HSSC and HPSC to review the petitioners’ claims within eight weeks.Candidates found eligible and meritorious shall be offered appointments against available vacancies, including posts kept on hold. Supernumerary posts shall be created if required.The HC clarified that candidates already appointed and working continuously shall not be removed from service.



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