- (1.) This order shall dispose of CWP Nos. 6340, 7148 and 7151 of 2009, which have been filed by the Chandigarh Administration under Article 226 of the Constitution challenging common order dated 26.9.2008, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal').
(2.) The facts, as culled out from CWP No. 6340 of 2009 are that on 18.2.2007, an advertisement was published in the newspapers inviting applications to fill up 20 temporary posts of Assistant Sub Inspector of Police in the Chandigarh Police (P-1). The selection was to be made in accordance with the Standing Order No. 33/2007, dated 23.1.2007, which lays down elaborate procedure for selection of candidates for the post of Assistant Sub Inspector in Chandigarh Police (P-2). As per the said Standing Order, the selection process consists of three stages viz. (i) Physical Measurement and Efficiency Test; (ii) Written Test; and (iii) Interview. Under sub-clause (iii) of Clause 4 of the Standing Order, it has been prescribed that for preparation of final result, there has to be a written test of 90 marks and interview of 10 marks. Only those candidates who secure 40% marks or above in the aggregate are to be considered qualified in the selection process. However, the Inspector General of Police has been empowered to relax this percentage for the reasons to be recorded in writing. Such reasons could be like non selection of sufficient number of candidates, provided the percentage should not be below 35% in any case. Sub-clause (iv) of Clause 4 of the Standing Order further prescribes detailed procedure for conducting examination by following different stages.
(3.) In pursuance to the advertisement, total 2201 applications were received. As per the requirement of Standing Order, Physical Measurement and Efficiency Test of eligible candidates were held from 15.5.2007 to 18.5.2007. On 23.12.2007, the written test of the candidates who were successful in the Physical Measurement and Efficiency Test was held in terms of sub-clause (iv) (b) of Clause 4 of the Standing Order. On 4.1.2008, a list of successful candidates who passed the written test was issued and the candidates who qualified in the written test, were called for interview restricting their number to two times of the vacancies advertised, which were scheduled to be held on 21.1.2008.;