Chaudhary Charan Singh Haryana Agricultural University vs Monika 2024 INSC 911 - Constitution - Social Justice - Public Appointment

Constitution of India- Preamble - Article 39- Social Justice - State instrumentalities have the duty to promote the welfare of the people by securing and protecting, as effectively as it may, a social order, in which justice – social, economic and political – shall inform all the institutions of national life and endeavour to eliminate inequalities in status, facilities and opportunities. 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. (Para 27)

Public Appointments- Even though the modalities for engagement of two individuals for executing similar nature of work could differ, there can be no quarrel that none can gain experience without being asked to work. One vital difference in working on a sanctioned post as a permanent employee and being employed in the exigencies of administration without having a right to post is that in the former, the appointee enjoys procedural safeguards bringing in a sense of security of service in him while in the latter the individual concerned may not have any such sense of security. But, in case, both perform the work of clerks, the experience gained would not be much at a variance subject, of course, that the job requirement is not too different. It would also be relevant to bear in mind stipulations in the advertisement if, at all, they call for any special requirement for marks to be secured for experience, viz. previous service rendered on a sanctioned post or if salary, as is specified, has to be received for service rendered in order to be eligible to apply. (Para 20)- The state policy, specifying that the individual must have worked on a post equal to or higher than the advertised posts in any of the enumerated departments to secure marks for experience, also reflects the state’s belief that the experience in such departments is directly relevant to the advertised posts. (Para 23)