GURPAL SINGH Vs. RAJ KUMAR SINGLA AND ORS.

JUDGEMENT

(1.) BY a common judgment the learned Single Judge disposed of Civil Writ Petition Nos. 4416, 4327 and 4059 of 1985. In Civil Writ Petition No. 4416 of 1985 the selection of Gurpal Singh and Kashmira Singh as Labour Inspectors Grade -II who were arrayed as Respondents No. 4 and 5 in the petition, was quashed. They have challenged this order by two separate appeals; Letters Patent Appeal No. 87 of 1986 and 233 of 1986. Now in this appeal, the challenge is as under:

(2.) THE brief facts are that the State of Punjab sent a requisition to the Subordinate Services Selection Board, Punjab to fill up four posts of Labour Inspectors Grade II. The Subordinate Services Selection Board in pursuance thereto advertised four posts of Labour Inspectors Grade -II (Technical). Out of the four posts advertised, two were to be filled from General Category, one from amongst Scheduled Castes and one from amongst the Ex -Service -men. The minimum educational qualification prescribed was Graduate from a recognised University with at least second division. The Appellant alleged that he fulfilled all the qualifications and applied for the post. He qualified in the written test and thereafter was called for interview. The interview was held on August 14, 1985 and August 16, 1985 by a committee consisting of Shri H.S Sidhu, Chairman of the Board and Shri S.S. Kakkar, a member. One Shri G.S. Saroya, Deputy Chief Inspector (Factories) was also associated with the committee as an expert. The selection is rendered invalid since Shri G.S. Saroya, who was an outsider, was associated in the process of selection. Viva -voce marks are 50 per cent of the written test marks and are far excessive and are in violation of the decision rendered by the Supreme Court in Ashok Kumar Yadav and Ors. v. The State of Haryana and Ors. (1985) 4 S.C. 417, where it was held that viva -voce marks should not be 12.2 per cent of written marks.

(3.) THE learned Single Judge categorised the grounds of attack of the writ -Petitioner as under: