The Himachal Pradesh High Court has rejected the state government’s plea to lift the ban on outsourced recruitments, maintaining its stance against the controversial policy. The division bench, led by Chief Justice Gurmeet Singh Sandhawalia and Justice Satyen Vaidya, ruled that the policy violates Article 16 of the Constitution, which guarantees equal opportunity in public employment.
The court criticized the outsourcing policy, stating that it fosters exploitation and denies equal opportunities to all sections of society. The bench emphasized that the government, as a welfare state, should prioritize creating permanent jobs to ensure accountability and transparency.
The court took a particularly stern stance against outsourcing in the health department, where nurses were to be recruited under the National Health Mission. It noted that outsourcing practices bypass financial rules and lack transparency, rendering them unacceptable.
The petitioner argued that under the Recruitment and Promotion (R&P) Rules, 45% of nursing positions in the state are filled directly through batch-wise recruitment, with the remainder through written examinations. However, these provisions were allegedly ignored. The petitioner also highlighted the dubious practices of companies involved in outsourced recruitment, revealing that 110 companies in the state were fake.
The court pointed out that while the central government allows outsourcing only for Class IV posts, Himachal Pradesh has extended the practice to Class III positions, including those of Law Officers, IT professionals, and teachers. The bench directed that all candidate data related to outsourced recruitments be uploaded on the website to ensure transparency.
In November, the court had imposed a blanket ban on recruitments conducted through the Electronics Corporation of Himachal Pradesh, which manages outsourcing for government departments. The bench reiterated that outsourced recruitment is marginalizing accountability and urged the state government to replace such practices with permanent job provisions.
