SURENDER GAUR Vs. STAFF SELECTION COMMISSION

JUDGEMENT

(1.) The petitioner, by way of the present writ petition filed under Articles 226/227 of the Constitution of India, is seeking quashing of the notice dated 28.1.2010 (Annexure P-5) issued pursuant to the instructions regarding short-listing contained in the advertisement dated 11.2.2009 (Annexure P-3) whereby the candidates for the post of Sanitary Inspector were short-listed on the basis of marks obtained in the Diploma of Sanitary Inspector by fixing minimum cut-off marks at 70%.

(2.) Briefly, the facts may be noticed. The petitioner did his graduation in Bachelor of Business Administration (B.B.A.) in the year April, 2002 and thereafter obtained diploma in the trade of Health Sanitary Inspector from August, 2007 to July, 2008 from the Department of Industrial Training and Vocational Education, Haryana by securing 135 marks out of the total 200 marks, i.e. 67.5%; On 11.2.2009, the respondent had invited applications for 29 posts of Sanitary Inspectors vide Advertisement No. 2/2009. The qualifications for the said post were described as under:

(3.) As the petitioner fulfilled the qualifications as stated in the advertisement and was eligible for the post of Sanitary Inspector, he submitted an application for the same. It was thereafter on 28.1.2010, a notice was got published by the respondent in various newspapers to the effect that keeping in view the large number of applications and as per the condition of the advertisement, the respondent-Commission had decided to short list the candidates upto 8 times of the advertised posts in each category for interview on the basis of essential academic qualification i.e. Diploma of Sanitary Inspector with the minimum cut-off of 70% marks. It is this fixation of 70% marks in the diploma as cutoff in each category that has necessitated the petitioner to approach this Court to challenge the same by way of the present writ petition.