JUDGEMENT
BHARUCHA -
(1.) SPECIAL leave granted.
(2.) THESE civil appeals are directed against the orders of various Division Benches of the High Court of Punjab and Haryana, all of which found no ground to interfere with the judgment of a learned single Judge whereby the writ petitions filed, inter alia, by the present appellants were dismissed. In substance, therefore, it is the judgment and order of the learned single Judge which is under challenge.
The Haryana Subordinate Services Selection Board (now called "the Board") issued an advertisement inviting applications for the appointment of 40 Assistant sub-Inspectors of Police in the State of Haryana. Intending candidates were informed that they would have to appear in two written examinations of 100 marks each and, if they obtained 50 Per Cent or more marks (40 Per Cent or more for Scheduled Caste and Backward Class Candidates), would be called for a physical test and an interview. They were also informed that successful candidates would have to qualify in three out of four tests, viz., two races and an high and a long jump. The advertisement specified 40 posts because at that point of time the State Government had made a requisition upon the Board for 40 posts. On 1st February and 10/04/1990, there were supplemental requisitions so that the total number of posts for which recommendations had to be made by the Board became 98.
A total of 3963 candidates were called to appear for the written examinations held on 19/02/1989 and 2169 appeared. On 11/08/1989, the results of the written examinations were declared; 537 candidates qualified and were called for the physical test. Of these 206 qualified and were called to be interviewed. Interviews were held between 25th and 29/08/1989, except for one candidate who was interviewed on 3/09/1989.
(3.) ON 27/10/1989, the Board resolved to destroy the answer-books of the written examinations. The resolution read :
"Board observe that the large number of answer books of the following posts has been lying in the office for some time past unwantedly and lot of space has been covered in this way.
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We are in shortage of space as we have invited applications for various posts recently. The space is badly needed for keeping these applications.
As such the Board decides to destroy the answer-books of the above said posts as the result of the written examination in their cases have since been declared on 15-9-89 and 11-8-89 respectively. The candidates could get their answer-book rechecked by paying fee of Rs. 15.00 for each paper within one month from the date of declaration of result of the written examination of these posts, i.e., 14-10-89 and 10-9-89, respectively. As there is no space to keep such a large number of answer-book of candidates for these posts in the office, it has become essential to dispose of/distroy them at once. As such the Board after taking the decision as above has destroyed all the answer-books of the candidates of above said examination today, i.e., 27-12-1989.
Sd/-Sd/-
Anand Singh DangiSukh Dev Singh
Chairman 27-12-89Member 27-12-89
Sd/-Sd/-
Bachha RamSamey Singh Kam po/ Member 27-12-89
Member 27-12-89
Sd/-Sd/-
Nirpal MalikDevil Dayal Member 27-12-89"
Member 27-12-98
(Emphasis supplied)
On 29/01/1990, respondent No. 3-A, Anand Singh Dangi, resigned as Chairman of the Board. He was replaced on 6/04/1990 by one Bani Singh. On the same day, i.e., 6/04/1990, the results were declared by the Board. Thirty-nine candidates were then recommended for appointment to the State Government. On 11/04/1990, twelve candidates were recommended. On 25/04/1990, one candidate was recommended. On 15/06/1990, six candidates were recommended. On 31/07/1990, one candidate was recommended. On 17/06/1991, two candidates were recommended. On 14/11/1991, one candidate was recommended.;
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