LAWS(SC)-2020-4-12

RAMJIT SINGH KARDAM Vs. SANJEEV KUMAR

Decided On April 08, 2020
Ramjit Singh Kardam Appellant
V/S
SANJEEV KUMAR Respondents

JUDGEMENT

(1.) These appeals have been filed against the common judgment dated 30.09.2013 of High Court of Punjab and Haryana dismissing LPA filed by the appellants affirming the judgment of learned Single Judge dated 11.09.2012 by which the Selection dated 10.04.2010 selecting appellants on the post of Physical Training Instructor (PTI) was set aside. All the appeals having been filed against the common judgment involving common facts and questions of law, for deciding the batch of appeals, it shall be sufficient to refer pleadings in Civil Appeal No.2103/2020, Ramjit Singh Kardam and others versus Sanjeev Kumar and others.

(2.) The brief facts necessary to be noted for deciding these appeals are: -

(3.) Challenging the Select list dated 10.04.2010, large number of writ petitions were filed in the Punjab and Haryana High Court including CWP No.15656 of 2010, Sanjeev Kumar and others versus State of Haryana and others. The writ petitioners before filing writ petitions had obtained information under Right to Information Act details of which information were mentioned in the writ petition. Various grounds were taken in the writ petition to challenge the selection. The writ petitioners pleaded in the writ petition that some of the candidates have been awarded more than 25 marks in viva-voice. Further, some of the candidates have been selected and appointed who did not possess the requisite qualification of certificate in Physical Education conducted by Haryana Education Department or an equivalent qualification recognized by Haryana Education Department. The petitioners further pleaded that once the criteria was laid down by the Commission, the same was required to be followed strictly while making the selection and it was not proper to change the criteria. The petitioners pleaded that criteria has been changed by the respondent authority to get the desired result and in order to bring the candidates within the zone of selection in order to grant them undue benefits for the reasons best known to the respondent authorities.