NAVEEN DAHIYA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present appeal has been filed against the judgment dated 17.01.2018 passed by the learned Single Bench; whereby the writ petition filed by the appellant; challenging the advertisement dated 25.04.2016 as being in violation of the Rules governing the posts advertised, challenging criteria adopted for selection and further praying that for selecting the Instructors in question, the criteria as laid down by the Directorate General of Training, Ministry of Skill Development and Entrepreneurship, Government of India, be applied; was dismissed.

(2.) The facts stated in brief are that the respondent No. 3, the Director General, Industrial Training, Haryana issued the advertisement dated 25.04.2016; impugned in the writ petition; for selection of 1019 posts of Instructors in the Industrial Training Department on contract basis. In this advertisement, the details of the posts alongwith the reservation relevant to the posts were described. The appellant had applied for the post of Instructor in Electrician trade under General category. The respondent had also issued the criteria to be applied for selection in question, which was adopted vide the letter dated 30.03.2016. When the appellant came to know of the criteria; he made a representation dated 15.09.2016 to the respondents against the criteria. However, the respondent-Department issued tentative merit list on 26.09.2016. This led the appellant to file the writ petition from which the present appeal has arisen, wherein the appellant/petitioner had challenged the criteria adopted for the selection as well as the advertisement.

(3.) On being put to notice, the respondents No. 1 to 3 had filed written statement stating, inter alia, that the Department has been making repeated efforts to make the regular appointment to the large number of posts lying vacant, however, due to some reasons or the other and involving some litigation; the regular recruitment could not be completed in time. Therefore, the Department had resorted to filling up the posts on contractual basis. It was further averred that the letters issued by the Directorate General Employment and Training, Ministry of Labour and Employment, Government of India are only advisory in nature and are not mandatory. The Government of India itself has intimated that the norms suggested by Government of India can be modified by the State Government concerned as per the prevailing situation of the respective State Governments. It was claimed that the posts have been advertised strictly in accordance with the service rules provided for these posts. The criteria adopted for selection has been made totally transparent by making it only based on the educational qualifications of the candidates and by doing away with the marks for interview altogether. Still further, it was pleaded that the similar writ petition CWP No. 20191 of 2016 titled as Benam Singh Parashar and others Versus Union of India and others, challenging the same advertisement and the same criteria stand dismissed by the Court vide order dated 28.11.2016. A copy of the order was also attached with the written statement. On the point of reservation, it was pleaded by the respondents that the reservation has been provided strictly in accordance with the Policy dated 16.02.2013 issued by the Government of Haryana for providing reservation to various deprived sections of the society. Further, it was averred that pursuant to the policy, the roster register and roster points are being maintained by the Department. The reservation provided in the advertisement is strictly as per the roster points carved out in roster register of the Department. Wherever the post meant for a particular reserved category is available as per roster; that has been shown to be a reserved for the relevant category even for the contractual appointment. It was averred that as per the roster register; in Electrician Trade; there was one post reserved for sports person in SC category. Similarly, there was one post meant for sports person in BC category. The same has been duly provided for in the advertisement. As per the roster, there was no reserved post available in Electrician Trade for General category for sports person. Hence, no post has been provided in General category for sports person in the present advertisement. It was pleaded that as per the roster register, the post reserved for sports person in Electrician Trade in General category lies at Sr. No. 91 whereas in the present advertisement, only posts upto Sr. No. 84 are being filled up. Hence, it was claimed that there was no violation of any rule or any instructions of the State Government. One more fact which deserves to be noticed is that subsequently, the Secretary of the Department of Industrial Training had filed a specific affidavit dated 21.04.2017 to the effect that the advertisement for the post, in question, was strictly in accordance with the department Recruitment Service Rules and further that the persons are being hired as the Instructors on contractual post only to meet out the teachers students ratio; so that the studies of the students do not suffer.