SANTOSH KUMARI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Directors of School Education, Haryana, Chandigarh, through an advertisement in the newspaper on 7th April, 1988 invited applications for the posts of Art and Craft teachers for various schools in the State of Haryana. 180 posts were for male teachers; whereas 121 posts were for female teachers. The petitioner applied in response to the advertisement and was interviewed by a Selection Committee appointed by the Subordinate Services Selection Board, Haryana, but was not successful. She challenged her non-selection on various grounds in the present case. The only ground pressed before me by the learned counsel for the petitioner is that the interview was a mere farce, inasmuch as the Selection Committee had interviewed almost 300 candidates in a day for about three hours every day and even half a minute was not devoted for interviewing each candidate. According to the learned counsel, in such a short time, the ability and suitability of a candidate could not be judged by the Selection Committee. On this short ground according to the learned counsel, the entire selection was vitiated being arbitrary. In support of this contention, the learned counsel relied upon a judgment of this Court in Jaswant Singh v. State of Haryana, 1989 AIR(P&H) 59. It was observed by the learned Judge in the above case by relying on the observations of the Supreme Court in Ashok Kumar's case as under :

(2.) On 20th March, 1991, while I was hearing this case, I had directed Respondent Nos. 1 and 2 to file written statements the same had not been earlier filed and also directed the respondents' counsel to produce the relevant record pertaining to the selection of Art and Craft teachers, which has been impugned in the present petition. The record had been summoned to satisfy myself prima facie as to the criteria and the way the marks had been allocated and awarded to the various candidates in the interview. Written statement was filed, but as far as the record was summoned, it was stated by the learned counsel that the same was not available having been destroyed. The petitioner has averred in para 1111 of the writ petition that the interview was just a farce, inasmuch as about 300 candidates were interviewed in a span of about three hours and even half a minute was not devoted to each of the candidates. The Subordinate Services Selection Board, Haryana, in its reply has only averred that "Regarding this para, it is submitted that sufficient questions according to one's ability were asked." From this reply, it is evident that the specific plea of the petitioner regarding the interview being a farce and about 300 candidates being interviewed on a particular day in three hours' time has not been denied. As per the judgment of this Court referred to above in Jaswant Singh's case and of the Supreme Court in Ashok Kumar's case , such an interview would be wholly arbitrary.

(3.) However, the question that arises is that in the absence of the record being before me and also no selected candidate being before me, what relief can be granted to the petitioner in the peculiar facts and circumstances of the present case. I have given my thoughtful consideration to this matter and the only via media I have been able to persuade myself to adopt is that let all the selected candidates - male/female get appointed against the number of posts which were advertised. If and which any new vacancy of Art and Craft Teacher arises and direct recruitment is to be made in the category of female Art and Craft teachers, the petitioner would be interviewed by the Committee constituted be interview such candidates by the respondents and if found suitable, she would be give appointment. It is made clear that the Petitioner would not be in conpetition with other candidates, but her fitness/suitability only will be seen by the Interview Committee. These directions are being given in the peculiar facts and circumstances of this case and would not create a precedent for future.