ROOP CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of CWP No. 12682 of 2012 titled as Roop Chand Vs. State of Haryana & others, CWP No. 11889 of 2012 titled as Shashi Prakash Vs. State of Haryana & others, CWP No. 12438 of 2012 titled as Inderjit Vs. State of Haryana and CWP No. 18963 of 2012 titled as Ramesh Vs. State of Haryana & others as identical issue is involved in these petitions. Facts, however, are being noticed from CWP No. 12682 of 2012. The challenge in the writ petition is to the order dated 30.05.2012 (Annexure P-11) passed by the Haryana Staff Selection Commission, whereby the claim of the petitioner for selection and appointment as Conductor under the Haryana State Transport Department has been rejected.

(2.) It has been pleaded that the Haryana Staff Selection Commission issued advertisement No.3/2009 advertising 3837 posts of Conductors. The qualification prescribed was Matric with Conductor Driving License. The petitioner was stated to be duly eligible as he had qualified the secondary level examination from the National Open School, New Delhi and also possessed the Conductor License. The petitioner had appeared in the written examination and had thereafter been called for the interview. The result of the selection process was declared on 01.02.2012 but the petitioner was not shown as duly selected. The petitioner, who otherwise belongs to the Scheduled Castes category submitted an application under the Right to Information Act, 2005 stating that 99 posts of Scheduled Castes category had remained vacant on account of non-availability of candidates and accordingly, he may be informed as regards the basis of not being selected inspite of being eligible. In response thereto, the petitioner was supplied information dated 06.03.2012 (Annexure P-6) that his candidature has been rejected. The pleaded case of the petitioner is that even though, the basis of rejection of his candidature had not been disclosed but still he had been orally informed that he was not considered eligible as the secondary level examination qualified from National Open School, New Delhi was not considered equivalent to the prescribed essential qualification of Matric. The petitioner had earlier filed CWP No. 8243 of 2012, which was disposed of on 04.05.2012 (Annexure P-9) with a direction to the respondent-Commission to take a final decision on the representation that already stood filed. In purported compliance of the directions issued by this Court, the impugned order dated 30.05.2012 (Annexure P-11) has been passed, holding the petitioner to be not fulfilling the condition of possessing the essential advertised qualification for the post of Conductor and accordingly, rejecting his claim.

(3.) Counsel for the petitioner would argue that the petitioner had applied for the post of Conductor and had been permitted to participate in the process of selection comprising of written examination as also interview. It is contended that 99 posts of Scheduled Castes category had remained vacant and the petitioner inspite of being eligible and belonging to the Scheduled Castes category has been arbitrarily denied consideration and appointment to the post of Conductor. Counsel has further vehemently argued that the basis of rejection of the claim of the petitioner holding his senior secondary qualification from National Open School, New Delhi to be not recognized is totally perverse. In this regard, counsel would refer to information dated 29.02.2012 supplied by the Haryana School Education Board, Bhiwani at Annexure P-7, whereby the petitioner had been informed that the secondary examination from National Open School, New Delhi is recognized by the Board with the condition that the candidate has passed the examination with atleast five papers. That apart, counsel would refer to memo dated 02.11.1999 (Annexure P-8) issued by the Financial Commissioner and Secretary to Government of Haryana, Education Department, whereby a blanket decision had been taken that the degrees/diplomas/certificates recognized by various universities in the State of Haryana as also the Board of School Education Haryana, Bhiwani shall be recognized in the State of Haryana for purposes of admission as also recruitment. Still further, reliance has been placed upon a Division Bench judgment of this Court dated 04.03.2008 passed in CWP No. 17444 of 2001 titled as Om Parkash & another Vs. State of Haryana & another, wherein it had been observed that Matric from National Open School, Delhi would be considered equivalent to Matric qualification in Haryana.