Recognition of Work Experience in Recruitment: A Landmark Judgment on Fairness and Equality in Public Employment

Facts:

The Chaudhary Charan Singh Haryana Agricultural University (appellants) appealed a decision of the Punjab and Haryana High Court directing the appointment of Monika (first respondent) to the post of Clerk. Monika, engaged as outsourced manpower through a service provider, claimed entitlement to 0.5 marks for her work experience. The Single Judge allowed her claim, which the Division Bench upheld. The University challenged the decision, arguing that her employment through outsourcing did not qualify her for the marks awarded for experience under the recruitment advertisement.

Contentions of the Appellants:

1. Monika was engaged under Part I of the Outsourcing Policy, which applies where no sanctioned posts exist, and thus her work experience cannot equate to working on a sanctioned post.
2. The University argued that the certificate of experience was issued by the service provider, not the University, and was merely countersigned by a departmental head.
3. The appellant contended that allowing her marks would disturb the seniority of selected candidates, given that the merit list was exhausted.
4. The appellant emphasized that Monika’s engagement was neither as a regular nor a sanctioned employee, making her ineligible for marks for experience.

Contentions of the Respondent:

1. Monika argued that her work was equivalent to that performed by regular employees and that denying marks violated constitutional protections under Articles 14, 15, 16, 19, and 21.
2. The respondent highlighted precedents where contractual employees received weightage for experience.
3. She noted the availability of vacant posts and argued that her service was comparable to those directly employed.
4. Monika asserted that the University misinterpreted the advertisement by excluding her from eligibility.

Issues:

1. Whether work experience gained through outsourcing qualifies for marks under the recruitment advertisement.
2. Whether the respondent met the criteria of “same or higher post” as prescribed in the recruitment rules.
3. Whether the High Court’s decision violated the rights of selected candidates by disrupting their seniority.

Observations/Findings by the Supreme Court:

1. The term “post” in the advertisement was not restricted to sanctioned posts. The omission of “sanctioned” indicated no mandatory requirement for regular employment.
2. The respondent demonstrated that her work was of the same nature as that required for the advertised post of Clerk, validated by her experience certificate countersigned by the University’s departmental head.
3. The denial of marks for experience to the respondent on procedural grounds was arbitrary and violated principles of equality and natural justice under Articles 14 and 16.
4. The purpose of recruitment should focus on merit and suitability. Denying a qualified individual marks based on technicalities would undermine fairness.

Principle of the Case:

Marks for experience in recruitment should be based on the nature and relevance of the work performed, rather than the mode of employment, ensuring fairness and alignment with constitutional principles of equality and social justice.

Final Order:

The Supreme Court affirmed the High Court’s decision, directing the University to award Monika 0.5 marks for her experience and consider her for appointment. The appeal was dismissed.

Impact on Public Law and Order:

This judgment sets a precedent ensuring that candidates engaged through outsourcing policies are not arbitrarily excluded from recognition for their contributions. It promotes fairness, prevents discrimination based on the mode of employment, and safeguards the integrity of public recruitment processes. The decision strengthens trust in the judiciary’s role in upholding equality and constitutional values.

Case Citation:

Supreme Court of India, Chaudhary Charan Singh Haryana Agricultural University & Anr. v. Monika & Ors., Civil Appeal No. 10800 of 2024, Judgment dated November 29, 2024.