PARKASH VIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this judgment, we propose to dispose of 37 Civil Writ Petitions Nos. 4818, 4975, 5123, 5180, 5209, 5229, 5317, 5403, 5409, 5436, 5535, 5631, 5635, 5667, 5700, 5802, 5803, 5853, 5864, 5888, 6101, 6134, 6137, 6139, 6159, 6223, 6716,6942,7145,8160,10182,13962,13928,14350,14738,15107 and 15060 of 1991; as the points involved in all these writ petitions are common. The facts of the case are being taken from Civil Writ Petitions Nos. 5123/1991 (Parkash Vir and others vs. State of Haryana and others), duly supplemented by the learned counsel for the parties during the course of arguments before us.

(2.) The Subordinate Services Selection Board, Haryana (hereinafter referred to as the 'Board')-Respondent No. 3 to the petition, vide advertisement dated 22.1.1988, copy Annexure P-l to the writ petition, invited applications by 22.2.1988 for filling up six posts of Inspector of Police, 1 post being reserved for Scheduled Caste, 2 for Ex-servicemen and the remaining 3 to be left out for the general category. The advertisement further provided that (i) the applicants were required to be graduates from a recognised University with those having a degree in Criminology being accorded preference (ii) Hindi up to Matric standard and (iii) Height 5'-7", Chest 33" with expansion of 1-1/2" and preference to be given io sportsmen, including athletes. It was also provided that the candidates were required to pass the one star physical standard test comprising of five items in the qualifying standards prescribed. The age limit was also laid down as being 18-27 years on 1st February, 1980, with certain relaxation for the candidates from the Ex-servicemen category. The Board thereafter issued a corrigendum dated 7.7.1988 to the advertisement Annexure P-l which has been produced before us in Court, wherein it was provided that for purpose of selection the candidate would have to pass a written test comprising of two papers of 100 marks each : (1) General English & Hindi of B.A. Standard (2) General Knowledge and General Studies. It was further stipulated that only those candidates who obtained at least 50 per cent marks and above (at least 40%.and above, in case of SC's and BC's candidates) would be entitled to be called for the physical test and interview. It was reiterated that the candidates passing the examination would have to pass the one star physical qualifying test in five items. As already mentioned above, the original demand made by the Police Department was for 6 posts of Police Inspectors, but this was later revised to 8 and the final demand was sent to the Board on 24.1.1991 and the break-up of various categories was given as General Category-3, Scheduled Castes -3 and Ex-servicemen-2. In response to the advertisement and the corrigendum a large number of candidates appeared for the written test, but only 192, in fact, cleared it by securing the necessary 50%/40% marks. Petitioner Nos. 1 and 2 in the writ petition were amongst those who qualified the written test and were called for the physical test, the details and the qualifying standards whereof are given hereunder :-

(3.) When the writ petition came up for motion hearing at the very initial stage, a concerted demand was made by the various counsel appearing for the petitioners that the record pertaining to the selection should be produced before and kept in the custody of the Court as there was an apprehension in the mind of the petitioners that efforts would be made to tamper with it. We accordingly directed that the record be produced before us and it was after some initial reluctance that the needful was done. The record was duly inspected by the counsel for the parties and submissions have been made before us on the basis of the pleadings as also from the new facts that emerged from the inspection of the record. One significant fact that emerged from an examination of the record was that some of the candidates who had secured very high marks on he basis of their written test and had qualified the physical test as well were eliminated at the time of interview on the ground that they had misbehaved before the Selection Board. Details of such candidates will be given at the appropriate stage in the course of the judgment. The record further revealed that 24 marks were reserved to be given at the time of interview and the break up was as under: 1. Higher qualification - 1 mark 2. Games - Imark 3. Experience - Imark 4. Viva Voce - 21 marks,