LAWS(P&H)-2020-12-5

KAPIL HOODA Vs. HARYANA STAFF SELECTION COMMISSION

Decided On December 11, 2020
Kapil Hooda Appellant
V/S
HARYANA STAFF SELECTION COMMISSION Respondents

JUDGEMENT

(1.) The Haryana Staff Selection Commission published an advertisement dated 07.12.2006 (Annexure P-1) inviting applications for a large number of posts including 03 posts of Deputy Superintendent, Jail. Qualifications prescribed for the said post were (a) Degree of a recognized University in Arts or Science, (b) knowledge of Hindi upto Matric Standard, (c) minimum height and chest measurement standards and (d) preference to candidates holding Degree or Diploma in Criminology. The petitioner possesses a Bachelor of Art Degree from the Panjab University as well as a Post-Graduation Degree in Criminology from L.N.J.N. National Institute of Criminology and Forensic Science. He also applied for the said post and was called for physical measurement test on 29.03.2007 whereafter, he was called for interview. The interview was held on 30.03.2007. Final result was declared thereafter and the name of the petitioner did not figure amongst the list of selected candidates. Aggrieved, the present writ petition was filed.

(2.) It also deserves mention that the petitioner was a candidate in the General Category and 02 out of the aforementioned 03 posts were for General Category candidates.

(3.) A perusal of the averments made in the writ petition shows that non-selection has been challenged primarily on the ground that due weightage was not given to the preferential qualification of Post-Graduation in Criminology. The selected candidates i.e. respondents No.2 and 3 do not possess the preferential qualification and information obtained under the Right to Information Act, 2005 shows that they scored 43.90 marks and 43.10 marks respectively whereas the petitioner had scored 40.29 marks. If due weightage had been given to the preferential qualification, the petitioner would have scored more marks than the selected candidates.