Favouring private employers, the Punjab and Haryana High Court has declared the Haryana State Employment of Local Candidates Act, 2020, ineffective since the time of its implementation. The High Court pointed out that the State of Haryana cannot have 100 per cent control over private employers and force them to follow something that is considered violation of the Constitution even when it comes to public employment.
Quashing the Act that made it mandatory for 75 per cent of jobs in the private sector to be reserved for local candidates, a bench comprising justices Gurmeet Singh Sandhawalia and Harpreet Kaur Jeewan ruled that it is not possible for any state to discriminate against individuals based on domicile.
Article 14 of the Constitution of India provides for right to equal employment for all citizens of India, as well as the right to live and settle in any state in the country.
According to the court, by forcing private employers to hire local candidates, a state would be encouraging other states to protect their local candidates. This, the Court pointed out, will only create more barriers across the country, which is the opposite of what the Constitution of India wants for the citizens of this country.
The Court also pointed out that it is only fair for employers to seek candidates who are proficient in the skills they are seeking, irrespective of where they come from. For instance, builders are right to employ people skilled in specific areas of construction work, even if they belong to other states. After all, it is not their fault that they are proficient in a much sought after skill that is not available to the builder locally.