RAJENDER Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) Petitioner has approached this Court assailing the announcement made by the Haryana Public Service Commission (in short 'the Commission'), vide public notice dated 9.11.2012, vide which the process of shortlisting has been resorted to by fixing a minimum cut-off percentage marks in the Bachelor of Laws Professional/LLM de- gree for each category for filling up of the 136 posts of Assistant District Attorney (Group 'B') in the Prosecution Department, Haryana, for which advertisement No. 4(VI) was published in various newspapers and corrigendum dated 1.6.2012 and 14.8.2012 were also issued. According to this shortlisting, 60% as a cut-off percentage for being eligible for being called for interview for general category has been fixed which is assailed by the petitioner stating it to be arbitrary and without any justification.

(2.) It is contended that approximately 25000 applicants have responded to the advertisement and by resorting to the shortlisting by the Commission, near about 2000 candidates would be required to be interviewed which would not be reasonable and practicable for the Commission. Instead thereof, the Commission should have proceeded to shortlist the candidates by holding a test which could be in the form of multiple choice questions and non-resort to the same has ousted the meritorious candidates. The intention of the Commission should be to get the most talented and well-read persons for appointment to the post like Assistant District Attorney and merely fixing a cut-off percentage marks in the qualifying/higher qualification is misuse of exercise of power which has been conferred on the Commission and that too arbitrary at whims and fancies which is not sustainable. He accordingly prays for quashing of the said notice (Annexure-P-2).

(3.) I have considered the submissions made by the petitioner who appears in person and have gone through the records of the case.