JASBIR KAUR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The subject matter of this writ petition involves a selection process advertised for filling up the post of Senior Scale Stenographer in the office of the Deputy Commissioner-District Magistrate, Bathinda. The rules governing the service and recruitment to the post of Stenographer are called Punjab District Services (Class-III) Rules, 1976. In the rules the post is referred as Stenographer. I will assume for the purposes of this order that the two are the same as their differentiation is not forthcoming. More specifically it is rule 9(d) which deals with recruitment to the post and reads as follows : - "9(d) In case of Stenographer : By selection from amongst clerks & steno typists of the respective cadres of the district concerned who qualifies in a test in short hand & type writing at a speed which may be prescribed by the concerned Deputy Commissioner."

(2.) By an in house circular letter dated 22.4.2013, applications were invited from eligible employees serving in the district offices. Five employees responded to the circular including the petitioner who works as a Steno-Typist in the office of the District Development & Panchayat Officer, Bathinda. Of the 4, 3 including the petitioner competed in the typing and shorthand test at the prescribed speed but were unsuccessful. Applications were invited again. One Ram Snehi, Junior Assistant, O/o SDM who had dropped out from the first test did not apply. Rajan Goyal, the 3rd respondent applied for the post but had not applied in the first fruitless round. The fresh shorthand and typing test was conducted on 29th August, 2013 but none could clear it. It is the say of the petitioner that in this test, Rajan Goyal did not undergo the shorthand test 'as he knew nothing of short hand' and offered himself to be tested on the typing test alone in both the English and Punjabi languages. On the other hand, the petitioner attempted both the tests but failed to clear them as per the prescribed speed. The petitioner asserts that her performance was the best amongst the competitors although all remained unsuccessful. Two tests having been rendered infructuous, the Deputy Commissioner, Bathinda took stock of the situation and passed order No.282 dated 20th September, 2013 deciding to hold an interview in order to select a candidate to fill the post of Stenographer/Senior Scale Stenographer. A Committee was constituted for the purpose to conduct interviews with the Additional Deputy Commissioner (Development) as its Chairman with the SDM (J), Bathinda and Assistant Commissioner (J), Bathinda as members. The petitioner and one Darshana Devi at the time of start of interviews submitted a protest representation drawing attention of the Committee that there is no provision of interview in the rules for selection and appointment to the post of Stenographer/Senior Scale Stenographer, therefore, the appointment be made on the basis of performance of the candidates in their short hand and type tests. The Deputy Commissioner, Bathinda rejected the application on 22nd September, 2013 and selected the 3rd respondent and appointed him to the post of Senior Scale Stenographer.

(3.) The case of the petitioner is that the appointment of the 3rd respondent has been made in violation of rule 9(d) of the Rules which makes it incumbent that a candidate must possess the skill in shorthand by passing a test at the desired speed. The appointment of the 3rd respondent has been assailed in this petition primarily on the ground of violation of rules and introduction of interview alone to make the selection. The exercise of power is arbitrary and is an abuse of the authority and is in violation of the rules of service. If the department is unable to fill the post by a qualified candidate in short hand and typing, then it is not justified to make the recruitment to the post and confer valuable rights on the incumbent and permit him to take the tests later. Instead, better sense would have demanded that an ad hoc arrangement could be made to tide over the work till such time a suitable person is found in terms of rule 9(d) of the rules but this procedure was not followed and a hybrid criterion was adopted out of the hat.