The Supreme Court of India upheld the claim of an outsourced employee, Ms. Monika, to receive marks for her work experience as a clerk under the Outsourcing Policy of Haryana. The Court clarified that the absence of a "sanctioned post" did not negate the nature of work performed, emphasizing that procedural requirements must not undermine constitutional mandates of equality and social justice.

1. Background

• Establishment: Chaudhary Charan Singh Haryana Agricultural University (CCSHAU) was established under the Haryana and Punjab Agricultural Universities Act, 1970.
• Outsourcing Policy: In 2009, Haryana introduced an outsourcing policy to engage individuals on a contractual basis for non-sanctioned posts.

2. Employment and Claim

• Ms. Monika, employed by a service provider under the outsourcing policy, worked as a clerk-cum-typist at CCSHAU.
• After scoring 75 marks in a written test for regular recruitment (missing selection by 1 mark), she claimed half a mark for her experience but was denied by the University.

3. Legal Challenge

• High Court Ruling: Both Single Judge and Division Bench ruled in favor of Ms. Monika, directing the University to allot the experience mark and consider her for appointment.

Key Legal Contentions

By the Appellants (University):

1. Experience from an outsourced, non-sanctioned post cannot be equated with that from a regular post.
2. The certificate of experience, issued by a private service provider, was invalid under the rules.

By the Respondents (Ms. Monika):

1. The mode of employment (outsourcing) is irrelevant if the nature of work aligns with the advertised post.
2. Denial of marks violates Articles 14, 15, and 16 of the Constitution.

Judgment Highlights:

1. Literal Interpretation of Advertisement: The Court noted that the advertisement did not explicitly exclude outsourced experience, and thus it could not be arbitrarily disregarded.
2. Social Justice Principle: Emphasized the need to recognize legitimate experience gained by contractual employees in alignment with Articles 14 and 16.
3. Validation of Certificates: Experience certificates, countersigned by university authorities, were deemed valid evidence of service rendered.

Legal Provisions Discussed:

1. Constitution of India: Articles 14, 15, and 16 – ensuring equality, non-arbitrariness, and social justice in employment.
2. Outsourcing Policy (2009): Governing contractual employment for non-sanctioned posts.

Ratio Decidendi:

The Court ruled that:

• Marks for experience must be granted based on the nature of work, irrespective of the contractual mode of employment.
• Non-sanctioned status or procedural deviations cannot defeat the principle of equality, particularly where the work performed aligns with advertised requirements.

Subjects:
Outsourcing Policy, Public Employment, Social Justice, Equality in Employment, Constitutional Mandate.