HARYANA STAFF SELECTION COMMISSION Vs. PREETY POSWAL

JUDGEMENT

(1.) This appeal has been filed by the State being aggrieved by the order dated 30.05.2019 passed in CWP No.25511 of 2018 whereby the petition filed by the respondent/original petitioner has been allowed and the Haryana Staff Selection Commission has been directed to recommend the case of the petitioner for appointment on the post of PGT (Mathematics) under BC-B category which is lying vacant with all consequential benefits including notional fixation of pay.

(2.) Learned Additional Advocate General appearing for the State of Haryana submits that the respondent/original petitioner was in fact not qualified or short listed for being called for interview on account of the fact that the respondent/original petitioner had secured only 98 marks in the written examination conducted during the selection process which was less than the cut off marks of 104 in the BC-B category. It is submitted that the respondent/original petitioner was permitted to participate in the interview only on account of the interim order passed by the learned Single Judge on 04.10.2018 in a writ petition filed by her. It is submitted that it was only because of the interim order that the petitioner was permitted to participate in the interview in which she was awarded 21 marks. It is submitted that the learned Single Judge while allowing the petition by treating the petitioner as an eligible candidate has lost sight of the fact that the petitioner was not eligible to be called for interview in view of the fact that she had secured less than cut off marks that was fixed for short listing candidates and therefore, her interview marks could not have been considered for determining her merit for appointment on the post of PGT.

(3.) Learned Additional Advocate General for the State submits that in such circumstances the impugned order passed by the learned Single Judge in CWP no.25511 of 2018 deserves to be set aside.