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HPSC MEMBER’S POST VACANT SINCE PAST ONE & HALF MONTH: QUESTIONS RISE OVER FUNCTIONING OF KEY CONSTITUTIONAL RECRUITMENT BODY

Rajendra Kumar retired on April 16; no successor appointed yet “A Public Service Commission is complete only when the Chairperson and all sanctioned members are in place,” says Advocate Hemant Kumar

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A vacancy that has remained unfilled for more than six weeks in the Haryana Public Service Commission (HPSC) has triggered questions about the functioning of one of Haryana’s most important constitutional institutions responsible for recruitment to government services.

The post fell vacant after former HPSC member Rajendra Kumar completed his tenure on April 16, 2026. However, despite the passage of nearly one and a half month, the Haryana Government has yet to appoint a successor.

Legal experts and observers say the delay has raised concerns about administrative efficiency and the institutional strength of the Commission, which plays a crucial role in selecting officers and employees for the state government.

Constitutional Concern, Not Merely an Administrative Vacancy : According to Advocate Hemant Kumar, a constitutional law expert practicing before the Punjab and Haryana High Court, vacancies in a Public Service Commission should not be viewed as routine administrative matters.

“A State Public Service Commission is a constitutional institution. Ideally, it should function with its full sanctioned strength. The presence of the Chairperson and all approved members reflects institutional completeness and public confidence,” he said.

Hemant pointed out that Article 316(2) of the Constitution provides that a State Public Service Commission Chairperson or member holds office for six years from the date of appointment or until attaining the age of 62 years, whichever is earlier.

Rajendra Kumar was appointed as an HPSC member on September 23, 2022. While his six-year tenure would ordinarily have continued until September 2028, he demitted office upon attaining the age of 62 on April 16, 2026.

Current Composition of HPSC: The Commission presently consists of a Chairperson and five sanctioned member posts.

The current composition is:

Alok Verma — Chairman (tenure till October 2026)
Anand Kumar Sharma — Member since July 2021
Jyoti Bainda — Member since September 2022
Mamta Yadav — Member since April 2023
Dr. Sonia Trikha — Member since December 2023 ( Dr. Sonia is wife of Rajesh Khullar, retired IAS & currently Chief Principal Secretary to Chief Minster, Haryana)
With Rajendra Kumar’s retirement, one member’s position remains vacant.

Government Has Wide Choice for Appointment

Advocate Hemant Kumar noted that Article 316(1) of the Constitution requires that at least half of the Commission’s members should have held government office for at least ten years before appointment.

Given the present composition, that constitutional requirement is already satisfied.

“As a result, the government now has the flexibility to appoint a person from political, academic, social, legal, administrative, or other non-governmental backgrounds,” Hemant explained.

Can the Government Reduce the Number of Members?

The vacancy has also revived speculation regarding a possible restructuring of the Commission.

According to Hemant, the Haryana Government has the authority to amend relevant regulations and reduce the number of sanctioned members if it considers such a move appropriate.

He recalled that approximately five years ago, the then government led by former Chief Minister Manohar Lal Khattar reduced the strength of HPSC members from eight to five.

“Therefore, one possible explanation for the delay could be that the government is examining structural changes. However, no official indication has been given so far,” he said.

Secretary Reappointed Immediately, Member’s Post Still Vacant

One aspect attracting particular attention is the contrasting treatment of another key position within the Commission.

When retired IAS officer Mukesh Ahuja superannuated on March 31, 2026, the state government promptly granted him a three-month re-employment extension up to June 30, 2026, ensuring continuity in the Commission’s administration.

The move has prompted observers to ask why similar urgency has not been shown in filling the vacant member’s post.

“If continuity was considered essential in the case of the Secretary, the obvious question is why the vacant constitutional post has remained unfilled for so long,” Hemant remarked.

Another Major Vacancy Looms in October

The situation could become more significant later this year.

Current Chairman Alok Verma is scheduled to complete his tenure in October 2026, meaning the Commission may soon witness changes at the highest level as well.

Asked whether Mukesh Ahuja could eventually be appointed either as an HPSC member or even as Chairman, Hemant said such appointments are legally possible.

However, he noted that in either scenario Ahuja’s tenure would remain limited because he is due to attain the age of 62 in March 2028, when his term would automatically end under constitutional provisions.

THE BIG QUESTION

Will the Haryana Government soon fill the vacant HPSC member’s post, or is a larger restructuring of the Commission under consideration?

With a constitutional vacancy remaining unfilled for more than 45 days and another top-level position set to fall vacant later this year, attention is now firmly focused on the government’s next move.

For a body entrusted with ensuring merit-based recruitment and administrative integrity, the developments within HPSC are likely to remain under close public and institutional scrutiny in the months ahead.