HC asserts vested rights of candidates in HKRNL appointments

The Punjab and Haryana High Court has underlined that once candidates are appointed to positions within Haryana Kaushal Rojgar Nigam Limited (HKRNL), their vested rights cannot be revoked without a show-cause notice and a well-reasoned order.
Justice Tribhuvan Dahiya issued this directive while adjudicating a plea submitted by Randhir Singh and others. They were denied the opportunity to assume their roles as art education assistants by the employment authority, citing insufficient experience.
The court observed that if the petitioners’ appointments as art education assistants were based solely on the essential qualifications stipulated in the policy, such appointments could not be deemed illegal or irregular due to a lack of experience, which was not a mandatory requirement.
“The policy only suggests that eligibility criteria may include experience; it is not obligatory. Neither the essential qualifications specified in the policy nor the qualifications approved by the government for deployment necessitated that candidates possess any experience to be eligible for appointment or deployment. Consequently, the termination of the petitioners’ services on the basis of insufficient documented experience was unwarranted,” the bench noted.
Furthermore, the High Court noted that the state counsel failed to demonstrate from the record that experienced candidates were available for recruitment who could have been favored over the petitioners for appointment.
The court also emphasized that the termination orders were unsustainable as they were issued in violation of the principles of natural justice. Once appointed as art education assistants, the candidates’ vested rights could not be revoked without the issuance of a show-cause notice, the consideration of their response, and the issuance of a reasoned order. The absence of adherence to these fundamental requirements rendered the termination orders invalid. Consequently, the High Court revoked the termination orders dated August 31, 2022.
The court has instructed the state government to reinstate the petitioners in their positions and provide all related benefits, excluding salary arrears.
The petitioners had been selected as art education assistants under the policy for non-sanctioned positions, approved by the government. The qualifications required were Class XII with a two-year diploma in art and craft. Their services were abruptly terminated without any show-cause notice on August 31, 2022, due to a perceived lack of verified experience.
Dissatisfied with this decision, they approached the High Court to challenge the state’s ruling and sought permission to resume their roles and receive all consequential benefits from the date of their initial appointments.