The Punjab & Haryana High Court has levied a fine of Rs. 1.5 lakh on the Haryana Public Service Commission (HPSC) for arbitrarily rejecting a judiciary candidate’s Scheduled Caste (SC) certificate due to a technical format issue. The decision underscores the principle that technicalities should not obstruct justice.
Judicial Observations
A bench comprising Chief Justice Sheel Nagu and Justice Sumeet Goel ruled that a candidate cannot be penalized for errors beyond their control, especially when they possess the required qualifications. The court stated:
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“A candidate cannot be afforded latitude for omission(s) on his part as the selecting/examining agency has to proceed on the basis of application and documents submitted by the candidate. In case an error has occurred on account of circumstances beyond the control of the applicant, namely, an incorrect/technically defective certificate(s) received from the competent authority, some latitude may be extendable to such a candidate.”
The court further emphasized that candidates seeking leniency must present a compelling reason with certainty.
“Corrective or remedial steps ought to be undertaken at the end of the concerned candidate, at the earliest feasible date, since the time lapse may prejudice their claim.”
Justice Goel, speaking for the bench, noted that the candidate must provide a tangible cause or exceptional circumstance at the earliest opportunity. Failure to do so within the timeline may disqualify the candidate.
Background of the Case
Divya Kalia, an aspirant for the Haryana Civil Services (Judicial Branch) Examination 2023-2024, was denied candidature due to a perceived defect in her SC certificate and the absence of a domicile certificate. She had applied under the SC category and submitted her certificate, dated July 11, 2016, within the stipulated period.
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After successfully clearing the preliminary and main written exams, she was scheduled for an interview on September 15, 2024. However, just days before the interview, she was informed that her SC certificate was deemed invalid due to a missing registration number and an incorrectly placed date.
Upon reviewing the certificate, the court found that the date was clearly mentioned at the bottom left side. The objection raised by HPSC regarding its placement was deemed illogical. The court noted:
“The registration number as also date is not mentioned on the top left side thereof but on the bottom left side of the same, the date is mentioned as 11.07.2016. Hence, the objection raised by HPSC regarding non-mentioning of date on the top left side of the SC Certificate dated 11.07.2016 is sans logic.”
Court’s Legal Interpretation
The court strongly criticized HPSC’s rigid approach, highlighting the fundamental legal principle “De Minimis Non Curat Lex”, which means that the law does not concern itself with trivial matters. The bench further observed:
“It is a trivial error, and law does not concern itself with trifles.”
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The court also pointed out that it was the responsibility of the competent authority, in this case, the Tehsildar of Gurugram, to issue the SC certificate correctly, including the registration number. It further stated that Kalia had uploaded her domicile certificate as per the advertisement’s requirements.
“The refuge, sought to be taken by HPSC, under clauses 28, 30 & 26 is actually subterfuge which calls for rejection, for justice must not be shackled by the chains of formality.”
Judicial Criticism of HPSC’s Conduct
The bench criticized the indifferent and mechanical manner in which HPSC handled the case, stating:
“The present case is an unsoothing illustration of how litigations are pursued on behalf of the State (HPSC, to be more precise), in a totally mechanical and indifferent fashion. The proceedings reveal a lack of due diligence, reflective of an apathetic approach that undermines the principles of responsible governance & judicial propriety.”
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The court concluded that such an approach adds to the burden of unnecessary litigation and affects judicial efficiency.
Final Verdict and Penalty
After thoroughly evaluating the case, the Punjab & Haryana High Court set aside the rejection of Kalia’s candidature and directed HPSC to take immediate corrective measures. The court imposed a financial penalty on HPSC, stating:
“HPSC is directed to pay to the petitioner costs of Rs.50,000/- within two weeks from today. Exemplary costs of Rs.1,00,000/- is further saddled upon HPSC to be deposited in favour of Poor Patient’s Welfare Fund PGIMER, Chandigarh, within two weeks for having wasted the precious time of this Court, which could have been utilized for hearing & deciding more pressing matters.”
Additionally, the court mandated HPSC to submit a compliance affidavit within four weeks. Failure to comply would invite punitive consequences
Mr. Anand Chhibbar, Senior Advocate with Ms. Shreya B. Sarin, Advocate andMr. Himanshu Malik, Advocate for the petitioner.
Mr. Naveen S. Bhardwaj, Addl. Advocate General, Haryana for respondent Nos.1, 4 & 5.
Mr. Sukhdeep Singh Chhatwal, Advocate for
Mr. Ajaivir Singh, Advocate for respondent No.2-High Court.
Mr. Balvinder Singh Sangwan, Advocate for respondent No.3-HPSC.
Title: Divya Kalia v. State of Haryana and others
