PARDEEP KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment will dispose of three writ petition Nos. 6738, 7357 and 9565 of 1990 as common questions of law and facts arise in them. In order to appreciate the controversy between the parties, the facts are being taken from Civil Writ Petition 6738 of 1990.

(2.) Some posts of Taxation Inspectors fell vacant in the office of the Excise and Taxation Department of the Government of Haryana and by an advertisement published in the daily 'Indian Express' dated 7.7.1988 applications were invited. The petitioners along with many others filed their applications for the posts so advertised. There were in all 96 posts out of which 24 posts had been reserved for Scheduled Castes. It is the admitted case of the parties that 18 out of these 24 posts meant for Scheduled Castes have already been filled up by Selection made by the respondent - State through the Subordinate Services Selection Board, Haryana and the remaining six are still lying vacant.

(3.) Recruitment to the service is governed by the Haryana Excise and Taxation Inspectorate (State Service Class III) Rules, 1969 (hereinafter called the Rules). The Rules prescribe that selection to the service is to be made on the basis of a competitive examination consisting of a written test followed by aviva voce test. Appendix 'D' to the Rules prescribes 250 marks for the written test and 100 marks for viva voce. Viva voce test, thus carries about 28.5% of the total marks. The petitioners who took the competitive examination but were not selected, challenged the selection by filing the present writ petitions solely on the ground that the proportion of marks allocated to viva voce test was quite high and that it introduced an element of arbitrariness in the process of selection which offends Articles 14 and 16 of the Constitution of India.