PARVEEN KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the present petition, the challenge is to the recruitment process undertaken by respondent No.2 for the post of Assistant Professor (College Cadre) in the subject of English in pursuance to the Advertisement No.1/2019 (Annexure P-1).

(2.) The grievance of the petitioners in the present petition is that various posts of Assistant Professor (College Cadre) were advertised by Advertisement No.1/2019 and in the said advertisement, 81 posts were meant for Assistant Professor (College Cadre) in the subject of English. Out of the said 81 posts, 49 posts were meant for the general category. After the advertisement, the petitioners, who were eligible, applied and appeared in the written test conducted on 23/5/2019. After the said written test was conducted, there were certain objections with regard to the irregularities committed and keeping in view the number of representations received by the Commission regarding the discrepancies, the said test was scrapped and a fresh test was held on 12/6/2019. The petitioners appeared in the said written test again and after the conduct of the said test, immediately filed the present petition raising a grievance that in the written examination, which was held on 12/6/2019 in respect of the posts of Assistant Professor (College Cadre) in the subject of English, most of the questions were from one guide book, which action of the respondents has caused prejudice to them and therefore, the said test should also be scrapped and a fresh test should be held for recruiting Assistant Professors (College Cadre) in the subject of English.

(3.) After notice of motion, the respondents appeared and filed a reply, wherein the respondents have mentioned that initially the written test was conducted in pursuance to the Advertisement No.1/2019 on 23/5/2019, which was scrapped keeping in view the objections raised and the fresh test was conducted on 12/6/2019. As per the reply, certain objections were received from the candidates who appeared in the said written test, which objections were sent before the Expert Committee comprising of Professors from reputed Universities of concerned subject and after the recommendations of the said committee, 10 questions were found to be incorrect and the same were deleted and benefits were given to all the candidates who appeared in the said test. With regard to the objections of the petitioners that most of the questions in the question paper were taken from one guide book, the stand of the State is that the questions to be asked in the written examination is the jurisdiction of the examining body keeping in view the recommendations of the paper setter. Hence, once the questions were same for all the candidates, no grievance can be raised by the petitioners.