DEEPAK GARG Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONERS have filed this petition challenging the selection list Annexure P -5.

(2.) CASE of the petitioners, in brief, is that they had applied for the post of Data Entry Operators as advertised vide Annexure P -2. Petitioners appeared in the written test and qualified the same. Petitioners also appeared in the interview. At the time of interview, petitioners came to know that marks were being awarded for the candidates who were having Rural, Sports, NCC and Post Graduation certificates. The result of the successful candidates was declared vide impugned selection list Annexure P -5. Petitioners were not selected, although, they had obtained higher marks in the written test than the last three selected candidates. Petitioners have prayed by way of this petition that the selection list be re -framed after including the written test marks in the marks awarded to the candidates at the time of interview.

(3.) LEARNED senior counsel for the respondents, on the other hand, has opposed the petition and has submitted that in the present case, the written test was merely an eligibility test. Therefore, the marks obtained by the candidates in the written test were not liable to be taken in consideration while preparing the selection list. In fact, all the candidates, who had obtained 20 marks out of 60 marks, were to be considered eligible for the interview. So far as the criteria for selection is concerned, only 15 marks were kept for interview out of total 65 marks. The remaining 50 marks were allotted to qualification and certificates in sports and NCC/NSS. Five marks were granted to the candidates belonging to the rural areas. Learned senior counsel has further submitted that petitioners had failed to challenge the selection criteria and had duly participated in the selection process. Therefore, at this stage, petitioners were estopped from challenging the selection list. In support of his arguments, learned senior counsel has placed reliance on 'Raj Vardhan versus Union of India through Joint Secretary of the Govt. of India, Ministry of Finance, Department of Economics Affairs (Banking Division), New Delhi and others,, 2011(84) ALR 63 wherein it was held as under: -