KULDIP KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THIS order will dispose of CWP Nos. 4268 of 2010 and 6295 of 2011, as common questions of law and facts are involved therein. Challenge in the present writ petitions has been made to the selection for the posts of Laboratory Attendant in the privately managed institute of Engineering. In CWP No. 4268 of 2010, the petitioner has challenged selection in the General Category, whereas in CWP No. 6295 of 2011, the selection is challenged pertaining to Backward Class category.

(2.) LEARNED counsel for the petitioners submitted that respondent No. 2, namely, Baba Hira Singh Bhathal Institute of Engineering & Technology, Lehragaga, District Sangrur, advertised various posts of teaching and non -teaching staff. Seven posts of Laboratory Attendants were advertised, out of which three pertained to General Category, two Scheduled Castes Category, One Backward Class Category and one for Ex -serviceman Category. The qualification prescribed was matriculation or equivalent and preference was to be given to science candidates. The candidates were to apply on or before 22.10.2009. The candidates, who had applied for the post, were subjected to written test and interview. No weightage was given of the marks obtained in the written test. The criteria for selection was never made known to the candidates. The petitioners came to know the criteria adopted for selection only in response to an application filed under the Right to Information Act, 2005. Even as per the criteria, providing 30% marks for the interview was totally arbitrary. It is on the higher side which enabled the authorities to manipulate the result of selection. He further submitted that though in the advertisement preference was shown to be given to Science candidates, however, this provision was given a complete go by. The petitioners, who were having experience for working in a laboratory in an educational institution, were not given the benefit thereof. In support of his submissions, reliance was placed upon Mohinder Sain Garg v. State of Punjab and others,, 1991(1) SCT 647.

(3.) ON the other hand, learned counsel for the respondents submitted that the criteria on the basis of which the selection was made was prescribed by the Government vide order dated 7.7.1998. In terms thereof, for Class -IV Technical employees in Technical Education Institutions, 30 marks were given for the minimum basic educational qualification which was prescribed as Matric. Five marks were prescribed for higher qualification and 5 marks for experience. The written test was of 30 marks and 30 -marks were prescribed for interview; making it a total of 100 marks. The institute being governed by rules and regulations framed by the State Government could not deviate from the criteria prescribed. The selections have been made strictly in terms thereof by a selection committee constituted for the purpose. It cannot be said to be arbitrary. The petitioners having participated in the selection cannot now be permitted to challenge the criteria therefor. The criteria as such has not been challenged by the petitioners.