ASHOK BHUSHAN,J. - (1.) These appeals have been filed against the common judgment dated 30.09.2013 of High Court of Punjab and Haryana dismissing LPA filed by the appellants affirming the judgment of learned Single Judge dated 11.09.2012 by which the Selection dated 10.04.2010 selecting appellants on the post of Physical Training Instructor (PTI) was set aside. All the appeals having been filed against the common judgment involving common facts and questions of law, for deciding the batch of appeals, it shall be sufficient to refer pleadings in Civil Appeal No.2103/2020, Ramjit Singh Kardam and others versus Sanjeev Kumar and others.
(2.) The brief facts necessary to be noted for deciding these appeals are: - 2.1. The Haryana Staff Selection Commission (hereinafter referred to as Commission) vide Advertisement No. 6 of 2006 dated 20.07.2006 invited applications for various posts enumerated in different category numbers in the Advertisement. Under category No.23, 1,983 posts of PTI (Physical Training Instructor) were advertised. The Advertisement mentioned the educational qualifications for the post. Advertisement contained a special instruction in following words: - "SPECIAL INSTRUCTIONS: The prescribed essential qualification does not entitle a candidate to be called for interview. The Commission may short list the candidates for interview by holding a written examination or on the basis of a rational criteria to be adopted by the Commission. The decision of the Commission in all matters relating to acceptance or rejection of an application, eligibility/suitability of the candidates, mode of and criteria for selection etc. will be final and binding on the candidates. No inquiry or correspondence will be entertained in this regard." 2.2. In pursuance of advertisement for the posts of PTI, 20,836 applications were received by the Commission. The notification dated 28.12.2006 was published by the Commission to the effect that the Commission has decided to hold the written examination on21.01.2007. Notification further mentioned there shall be 100 objective type Multiple Choice Questions, 60 Questions relating to Academic Knowledge of the respective subject for which a candidate is appearing in the test and 40 Questions related to General Knowledge, General English and Hindi up to Matric Standard. Each question was to carry two marks. The candidates were required to secure minimum qualifying marks in written test i.e. 50% for General Category and 45% for SC/BC. Notification further mentioned that Viva-voice will be of 25 marks. The notification further provided that candidates equal to three times of the vacancies will be called for interview based on their performance in the written test. The written examination was held on 21.02.2007. 2.3. A public notice was issued on 01.02.2007 by the Commission that due to several complaints/reports with regard to malpractices and cheating committed in written examination held on 21.01.2007, Commission has decided to cancel the aforesaid examination. 2.4. Another notice dated 11.06.2008 was issued by the Commission re-notifying the written examination for the PTI on 20.07.2008. However, before the written examination could take place on 20.07.2008, another notice dated 30.06.2008 was issued by the Commission canceling the written examination to be held on 20.07.2008. Another notice dated 11.07.2008 was published by the Commission to shortlist the candidates for interview. The notice mentioned that keeping in view the large number of applications, Commission has decided to shortlist eight times candidates of the advertised post in the respective category for interview on the basis of essential academic advertised qualification. Notice also mentioned the minimum weighted score of each category. 2.5. On 18.07.2008, the interview schedule was published by the Commission which provided that Interview was notified from 02.09.2008 to 17.10.2008. 15,582 candidates appeared in the interview. One member of the Commission and one expert member headed each Interview Committee from A to H. Although the interview was completed in the year 2008 itself, the Commission could declare the result of the selection after one and half years only on 10.04.2010 which was published on 11.04.2010. At the end of the result as published in the newspaper, criteria adopted for selection was also mentioned to the following effect: - "CRITERIA ADOPTED FOR SELECTION: The criteria adopted by the Commission for making selection is given below: - (1) Academic marks............60 Marks (2) Marks obtained in the Viva voice out of ..............................30 Marks Total: 90- Marks"
(3.) Challenging the Select list dated 10.04.2010, large number of writ petitions were filed in the Punjab and Haryana High Court including CWP No.15656 of 2010, Sanjeev Kumar and others versus State of Haryana and others. The writ petitioners before filing writ petitions had obtained information under Right to Information Act details of which information were mentioned in the writ petition. Various grounds were taken in the writ petition to challenge the selection. The writ petitioners pleaded in the writ petition that some of the candidates have been awarded more than 25 marks in viva-voice. Further, some of the candidates have been selected and appointed who did not possess the requisite qualification of certificate in Physical Education conducted by Haryana Education Department or an equivalent qualification recognized by Haryana Education Department. The petitioners further pleaded that once the criteria was laid down by the Commission, the same was required to be followed strictly while making the selection and it was not proper to change the criteria. The petitioners pleaded that criteria has been changed by the respondent authority to get the desired result and in order to bring the candidates within the zone of selection in order to grant them undue benefits for the reasons best known to the respondent authorities.;