Court Orders Revised Merit List Excluding Unconstitutional Bonus Marks Affecting Seniority
In a landmark judgment delivered on January 8, 2026, the Punjab and Haryana High Court has ruled against the use of socio-economic criteria in determining seniority for promotions among clerks appointed through the Haryana Staff Selection Commission (HSSC). The judgment, delivered by Justice Harpreet Singh Brar, mandates the exclusion of socio-economic bonus marks from the seniority list, citing violations of Articles 14, 15, and 16 of the Indian Constitution.
The case, filed by petitioner Lalit Sharma, challenged the inclusion of socio-economic criteria in the seniority determination process for 538 clerks selected in 2022. According to Sharma, these criteria, which awarded up to 10 bonus marks for factors like family background and domicile, unfairly placed candidates with lower written exam scores above him in seniority.
The judgment echoed previous rulings, notably in the cases of Sukriti Malik and Neeraj, which had already declared such socio-economic criteria unconstitutional. The court emphasized that the socio-economic criteria were arbitrary and discriminatory, creating an unjust class distinction among candidates.
Justice Brar's decision requires the Haryana Staff Selection Commission to revise the merit list based solely on written examination scores, excluding any bonus marks from socio-economic criteria. The court also instructed the Director of Urban Local Bodies, Government of Haryana, to implement the revised seniority list within four weeks.
The ruling underscores the court's commitment to upholding constitutional equality and its stance against discriminatory practices in public employment. It marks a significant step towards ensuring merit-based promotions, aligning with constitutional mandates.
The court's directive is expected to have wide-reaching implications, potentially affecting numerous appointments made under similar criteria. It reinforces the principle that public employment practices must be free from arbitrary and discriminatory elements.
Bottom Line:
Socio-economic criteria marks awarded for selection and appointment cannot be extended for determining departmental seniority for promotions.
Statutory provision(s): Articles 14, 15, 16 of the Constitution of India, Haryana Staff Selection Commission criteria, Notification dated 11.06.2019
Lalit Sharma v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2838200
