In the High Court of Punjab and Haryana, at Chandigarh Letters Patent Appeal No.446 of 2014 (O&M) Date of Decision: 8.7.2014 Vivek Tomar and Others ..Appellants Versus State of Haryana and Others ..Respondents CORAM: Hon'ble Mr.Justice Jasbir Singh.
Hon'ble Mr.Justice Harinder Singh Sidhu.
Present: Mr.Vishal Malik, Advocate for the appellants.
Jasbir Singh, Judge (Oral) Civil Misc.
No.1082-LPA of 2014 In view of averments made in this application, the same is allowed.
Delay of 83 days in filing the appeal stands condoned.
Letters Patent Appeal No.446 of 2014 The appellants/petitioners approached this Court by filing Civil Writ Petition No.24126 of 2012 claiming that selection of candidates against the post of Assistant Linemen whose roll numbers are mentioned in document (Annexure P8) dated 4.10.2012 be quashed.
It was further prayed that the appellants with qualification of National Apprenticeship Certificate awarded under the Apprenticeship Act, 1961 be considered eligible for the post in question.
It is not in dispute that the appellants applied against the post in question which was advertised on 19.3.2011.
Lateron a corrigendum Bhardwaj Deepak Kumar 2014.07.23 13:31 I attest to the accuracy and integrity of this document Letters Patent Appeal No.446 of 2014 (O&M) 2 was issued on 1.7.2011.
To select candidates against the above post, following qualification was prescribed:- “(i) Matric with 2 years ITI in Electrician/Wireman trade or having 2 years Vocational CouRs.under the trade of Lineman or Electrician (Maintenance and Repair of Electrical and Domestic Appliances) conducted by Director, Industrial Training & Vocational Education, Haryana or National Apprenticeship Certificate awarded under the Apprenticeship Act, 1961 from any institute recognized by the State Government.
(ii) Hindi/Sanskrit upto Matric Standard.”
.
All the appellants had applied for the said post and were also interviewed.
However, they were not selected.
It was their belief that qualification of holding National Apprenticeship Certificate had not been noticed by the authority concerned.
Under the above circumstances, they approached this Court.
Their writ petition was dismissed by the learned Single Judge vide order dated 6.11.2013.
It is stated by counsel for the appellants that the authorities were not justified in not giving weightage to the qualification possessed by the appellants.
Vide advertisement in question, they were to be held eligible for the post.
We have gone through the paper-book.
It is borne out from the record and as has been noticed by the learned Single Judge that to make a fair process of selection, it was decided by the respondent- Board that the candidates having specified percentage of marks in the Bhardwaj Deepak Kumar 2014.07.23 13:31 I attest to the accuracy and integrity of this document Letters Patent Appeal No.446 of 2014 (O&M) 3 respective courses be considered for selection.
A criteria was fixed vide order dated 12.4.2012 (Annexure P3).We have gone through the said document wherein it is mentioned that in view of large number of applications, it has been decided to shortlist the candidates in the respective categories for interview on the basis of essential academic advertised qualification i.e.two years ITI in Electrician/Wireman trade or having two years vocational couRs.under the trade of Lineman or Electrician (Maintenance and Repair of Electrical and Domestic Appliances) conducted by Director, Industrial Training & Vocational Education, Haryana or National Apprenticeship Certificate awarded under the Apprenticeship Act, 1961.
The minimum cut off percentage of marks for each category was mentioned.
The said chart reads thus:- S.No.Category %age 1.
GEN732.
SC663.
BCA724.
BCB725.
ESM-GEN All Eligible 6.
ESM-SC All Eligible 7.
ESM-BCA All Eligible 8.
ESM-BCB All Eligible 9.
OSP-GEN All Eligible 10.
OSP-SC All Eligible 11.
OSP-BCA All Eligible 12.
OSP-BCB All Eligible 13.
PHC Partially Deaf All Eligible It was decided that the candidates of General category having secured 73% of marks, candidates of Scheduled Caste category having secured 66% of marks, candidates of BCA & BCB category having Bhardwaj Deepak Kumar 2014.07.23 13:31 I attest to the accuracy and integrity of this document Letters Patent Appeal No.446 of 2014 (O&M) 4 secured 72% of marks be called for interview.
It is on record that some of the appellants/petitioners had not secured the prescribed percentage of marks and on account of that their candidature was not considered.
OtheRs.having secured less marks at the time of interview, were not selected.
In response to the averments made by the appellants, the following reply was submitted by the respondent, relevant portion of which reads thus:- “Therefore, the Respondent-Commission has fixed the criteria dated 12.4.2012 (Anneuxre P-3) for short listing the candidates for interview for the post of Asstt.
Lineman on the basis of advertised qualification prescribed for the said post in accordance with the condition of advertisement and para 6(d) of the Haryana Govt.
Notification dated 28.1.1970 as amended from time to time and as per well settled law.
The petitioners mentioned at Sr.No.1, 2, 3, 5, 6, 7, 8, 10, 29 & 30 possess less percentage in their respective categories as required vide Public Notice dated 12.04.2012 (Annexure P4) and as such they have been considered ineligible on this account.
The remaining petitioners participated in the selection process but they obtained lesser marks than that of last selected candidate in their respective categories under the criteria and as such they could not make grade in the selection list.
Hence, no cause of action subsists to the petitioners with regard to the present criteria and the present writ petition deserves to be dismissed having no force and Bhardwaj Deepak Kumar 2014.07.23 13:31 I attest to the accuracy and integrity of this document Letters Patent Appeal No.446 of 2014 (O&M) 5 merits therein.”
.
After going through the contents of reply, we feel that claim of the appellants was rightly rejected.
Before the learned Single Judge, it was vehemently contended that authorities were not justified in fixing the cut off of percentage of marks for interview of the candidates.
We are not one with the argument raised.
The said argument has rightly been rejected by the learned Singe Judge.
It is apparent from the record that taking note of large number of applications, it was rightly decided that the candidates having specified percentage of marks be called for interview.
The procedure adopted is perfectly justified.
The selection was not made on the basis of any test, however, it was made on the basis of interview.
An attempt has been made to select the candidates on the basis of percentage of marks.
The argument that some candidates with lesser percentage of marks were also considered is also not coming on record and it has been rightly rejected by the learned Single Judge.
No case is made out to cause interference by this Court in the present appeal.
Dismissed.
(Jasbir Singh) Judge (Harinder Singh Sidhu) Judge July 8, 2014 “DK”.
Bhardwaj Deepak Kumar 2014.07.23 13:31 I attest to the accuracy and integrity of this document