SHIV CHARAN Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has approached this Court praying for issuance of a writ of certiorari for quashing the result dated 31.12.2010 (Annexure P-6) of the screening test only to the extent of making eligible the Dependents of Ex-Servicemen (hereinafter referred to as 'DESM') category for the post of Hindi Lecturer when eligible Ex- Servicemen Category candidates are available and for treating the petitioner as eligible for participating in the selection process of Lecturers in Hindi under the ESM Category.

(2.) It is the contention of the petitioner that the petitioner being eligible for appointment to the post of Lecturer in Hindi (School Cadre) applied in response to the advertisement dated 18.06.2009 issued by the Haryana Public Service Commission (hereinafter referred to as 'Commission') for filling up 1317 posts of Lecturers in various subjects, out of which 240 posts were earmarked for appointment to the post of Lecturer in Hindi. Out of these 240 posts, 12 posts were reserved for the Ex-Servicemen Category, out of which, 8 posts were reserved for the male category and 4 posts were reserved for the female category. Screening test was held on 26.12.2010 and the result was declared on 31.12.2010 by the Commission. In the said result, the cut off marks, which were fixed for the EXM Category, were 56 whereas for the DESM Category, the marks were fixed at 49 which, the petitioner contends, cannot be done in the light of the fact that the petitioner had obtained 55 marks and he being higher in merit, as per the marks obtained in the screening test, is entitled to be called for interview and cannot be overlooked in the light of the fact that the posts have been reserved for the ESM Category and DESM Category Candidates can only be considered in case none from the ESM Category is available for appointment to the posts advertised.

(3.) Notice in this petition was issued to the respondents and reply has been filed on behalf of respondent No. 3-Commission, wherein it has been stated that initially the cut off marks for short listing, as per the screening test for calling the candidates for interview for the ESM Category, were fixed at 56 and as the petitioner had secured 55% marks, he was not called for interview but thereafter, some of the candidates, who had obtained the cut off marks, were found to be ineligible resulting in the rejection of their candidature which lowered the cut off marks for the ESM Category. Petitioner came within the zone of eligibility of consideration for appointment to the post of Lecturer in Hindi (School Cadre) and was accordingly, called for interview and has been found to be not making the grade and was not within the zone of selection on declaration of the result.