LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/chaudhary-charan-singh-haryana-agricultural-university-hisar-anr-vs-monika-ors-20241129/ · Printed 07 Nov 2026
Civil · Reportable judgment

Chaudhary Charan Singh Haryana Agricultural University, Hisar & Anr. vs Monika & Ors.

Court
Supreme Court of India
Date
29 November 2024
Case No.
Civil Appeal No. 10800 of 2024
Result
Dismissed
Bench
Dipankar Datta, R Mahadevan
Citation
[2024] 11 S.C.R. 954 : 2024 INSC 911
Acts & Sections
Haryana and Punjab Agricultural…
Supreme Court Reports [2024] 11 S.C.R. 954 : 2024 INSC 911
Issue for consideration
Issue arose as regards the correctness of the order passed by the Single Judge and the Division Bench of the High Court in treating the first respondent as qualified for consideration and consequent appointment; and whether the first respondent, in terms of the Advertisement, was eligible to be awarded half a mark (0.5) under the category of ‘experience’ vis-à-vis her engagement as outsourced manpower for the concerned time period, in light of the Rules and Circulars of the State as adopted by the University.
Headnote

Service Law – Appointment – Selection process – Candidate, if eligible for marks under the category of experience vis-a-vis her engagement as outsourced manpower for the concerned time period – First respondent appointed under the Outsourcing Policy by service provider as clerk-cum-typist in the University, when no sanctioned post exists – Service provider awarded certificate of experience countersigned by the University – Thereafter, the University invited applications for direct recruitment to various Group-C (non-teaching) posts – First respondent applied and scored 75 marks in written test, falling short of selection – Claim of 0.5 marks for her experience for the service rendered when employed by service provider – Both the Single Judge and the Division Bench of the High Court held that the respondent was eligible for 0.5 marks for the service rendered – Interference:

Read the full headnote (1 more paragraph)

Held: Refusal to award any mark for experience to the first respondent would go against the constitutional duty of ensuring equality and securing social justice for the deprived – Non-grant of mark for experience to the first respondent not proper and legal – It has not been shown that either the Recruitment Rules or the Advertisement specifically bars aspirants from securing marks for experience gained from contractual/outsourced employment – Primary concern is the nature of work performed by the candidate has any nexus with the purported work to be undertaken during the course of regular service – First respondent rendered service for a statutory body in excess of six months and thus, had valid claim for securing 0.5 mark for experience – It is not open for the University to now deny marks on the basis of a technical procedural deviation that the experience certificate was not issued by the University, but rather by the service provider – It is accepted that the certificate was per se not issued by the University, the fact that it was countersigned by the Head of the Department validates the first respondent’s claim that she had indeed gained certain experience which deserved to be given credit – First respondent, thus, cannot be denied the benefit of mark for experience merely because at the time of appointment as outsourced manpower, she was not appointed on a sanctioned post – It would occasion a failure of justice to exclude such individual – If said was the requirement, it had to be made explicitly clear in the Advertisement without any ambiguity so as not to generate false hopes in the minds of individuals aspiring for public employment – Any other view would be against both the principles of equality and nonarbitrariness enshrined in the Constitution as well as principles of natural justice – Tested on the touchstone of Arts. 14 and 16, the impugned decision of the University cannot sustain – Whenever a conflict arises between the powerful and the powerless, social justice commands the Courts to lean in favour of the weaker and poorer sections where the scales are evenly balanced – Thus, interference with the impugned judgment of the Division Bench not called for, though on different reasons – Constitution of India – Arts 14, 16. [Paras 20, 22, 25-30]

Keywords: Appointment · Eligible to be awarded marks of experience · Engagement as outsourced manpower · Outsourcing Policy by service provider · Sanctioned post · Service provider · Certificate of experience · Direct recruitment · Group-C (non-teaching) posts · Recruitment Rules · Advertisement · Contractual/outsourced employment · Mode of employment · Benefit of mark for experience · Security of service · Public employment · Principles of equality and non-arbitrariness · Principles of natural justice · Social justice

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Dipankar Datta, J. The Appeal 1. The present appeal assails the judgment and order dated 6 th December, 2023 passed by the Division Bench of the Punjab and Haryana High Court at Chandigarh1 in LPA No. 562/2022 (O&M), affirming the decision of the Single Judge whereby the first respondent was directed to be considered and offered appointment in the first appellant-Chaudhary Charan Singh Haryana Agricultural University2 on the post of Clerk. The Question 2. The short question arising for decision in the appeal is, whether the Single Judge and then the Division Bench of the High Cou
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →