VIJAY KUMAR BANSAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This Public Interest Litigation (hereinafter referred to as "PIL") has been preferred under Article 226 of the Constitution of India by an Advocate, who asserts it to be one devoid of involvement of any personal interest of his therein while challenging the Haryana School Teachers Selection Board Act, 2011 (for short, "2011 Act"), for declaring it to be ultra-vires to the Constitution, being contrary to Chapter II, Part XIV of the Constitution of India and also the appointment of respondent No.6, Nand Lal Punia, as Chairman and respondent Nos.7 to 10 as Members of the Haryana School Teachers Selection Board (for short, "the Board"), being illegal and arbitrary pursuant to tailor-made qualifications in the impugned 2011 Act.

(2.) It is the contention of the learned Senior counsel for the petitioner that the petitioner, who is an Advocate, has earlier filed various PIL petitions in this Court, which have been entertained on various issues and remedial action has been taken by the respondents on receipt of notices. He asserts that the present writ petition has been filed with a bonafide intention to protect and preserve the basic constitutional structure and scheme as under Article 320 of the Constitution of India, a duty has been cast upon the Public Service Commission to conduct examinations for appointment to the services and to assist the States in framing and operating schemes for any service. A mandate has been laid upon the State to consult the Commission on all matters relating to method of recruitment to the Civil Services and civil posts. However, through a process of enacting the 2011 Act, the Haryana Public Service Commission (hereinafter called "the HPSC") has been made ineffective and instead appointments have been made to the Board by respondent No.5, the Chief Minister of Haryana State by appointing persons of his choice as its Chairman and Members, casting doubt upon the constitution of Board itself, which has been given the duty and responsibility of selection of teachers for appointment to the Government Schools and teacher educators, educational supervisors for School Education Department in the State. All posts of teachers, except those of the ministerial staff i.e. Group 'A', 'B' and 'C' have been put under the powers of the Board for making recommendations for their appointments.

(3.) While referring to the history of the HPSC, it has been contended that it came into existence on 1.11.1966 on the formation of the State. In the year 1973, appointments to all Class III and Class IV posts were taken out of the purview of the HPSC. However, selection to all Class I and Class II posts continued to be made by the HPSC. The powers and functions of the Commission have been diluted as its duties and responsibilities have been curtailed to the extent that the requisition for posts, which were sent to the HPSC for recruitment to various posts, had been withdrawn on various occasions. However, in the year 2005, blanket instructions dated 7.3.2005 were issued for withdrawing all the requisitions sent for filling up various categories of posts without assigning any reason whatsoever. On 9.3.2005, requisition for filling up 57 posts of the Haryana Civil Services (Executive Branch) and Allied Services for the year 2004 were withdrawn. By this process, more than 95% of the posts under the State have been taken out of the purview of the HPSC and less than 5% remain with it. Many posts of Members of HPSC are lying vacant and only 2 posts are occupied i.e. one by Chairman and another by a Member. Since 9.8.2008, the working strength of the HPSC, including its Chairman, never exceeded 4, reflecting that it has been rendered totally defunct. Earlier, the appointments taken out of the purview of the HPSC i.e. Class 'C' and 'D' posts, were being filled up through the Departmental Selection Committees or the Haryana Subordinate Service Selection Board, which shows that its functions are being delegated and performed by the extra constitutional bodies created by the State. The latest endevour of the State Government has been the creation of yet another extra constitutional agency i.e. the Board for recruitment of the posts of teachers, educators, educational supervisors for School Education Department, which includes Group 'A', 'B' and 'C' posts through the impugned 2011 Act.