RAJESH SHEKHU Vs. STATE OF HARYANA

JUDGEMENT

(1.) Haryana Public Service Commission had advertised 1317 posts of Lecturers (School Cadre) in various subjects 320 posts out of these were for Lecturers (School cadre) in the subject of English. Last dale of submission of the application was 17.07.2009. The petitioner being fully eligible applied for appointment to the post of Lecturer (School Cadre) English under BC Category. The Commission decided to shortlist the candidates by conducting a screening test. In this regard, public notice was issued on 8.12.2010 and the screening test for the post of Lecturer (School Cadre) English was scheduled on 26.12.2010. The petitioner appeared in the screening test. The result thereof was declared on 14.12.2010.

(2.) Another notice was issued on 14.12.2010 informing the candidates that the candidates three times to the number of posts would be called for interview. The screening test was to consist of 100 questions from the syllabus of post graduate level and there was no negative marking. On 21.12.2010, a corrigendum was issued that 33% seats would be reserved for women in Haryana as horizontal reservation in view of the law laid down in Indra Sawhney v. Union of India, 1992 Supp3 SCC 217.

(3.) The result of the screening test was declared on 31.12.2010. The petitioner was shown to have scored 55 marks out of 100 and was declared unqualified. The petitioner has primarily not been shortlisted as he did not fall within the list of three times candidates called for interview for the post of Lecturer (School Cadre) English. However, the last candidate in General (Male) category, who scored 50 marks, is shown to have qualified and called for interview for the post of Lecturer (School Cadre) English. The petitioner, thus, has made a grievance that having scored more marks than the last General Category candidate, he has been declared disqualified for interview, whereas the General Category candidate, who has scored less marks in the screening test, has been shortlisted. The petitioner, accordingly, has filed this writ petition to seek direction that he be shortlisted for interview being more meritorious than General Category candidate.