SUNIL KUMAR AND ANOTHER Vs. STATE OF HARYANA AND ANOTHER
LAWS(P&H)-2012-9-178
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 28,2012

Sunil Kumar And Another Appellant
VERSUS
State Of Haryana And Another Respondents

JUDGEMENT

Augustine George Masih, J. - (1.) Petitioners have approached this Court with a grievance that the Haryana Staff Selection Commission-respondent No. 2 has resorted to shortlisting of the candidates for calling them for interview for consideration for appointment to the post of Post Graduate Teachers, which is not just and fair procedure as the percentage of marks obtained by a candidate in the academic qualifications prescribed cannot be made the basis for assessing the efficiency of a candidate. He contends that this primarily depends upon the assessment of the examiner, who checks the answer-sheets and, therefore, the same cannot be generalised for the purpose of shortlisting. He, accordingly, prays that the action of the respondents resorting to shortlisting by way of issuance of the corrigendum dated 03.09.2012 (Annexure P-3) deserves to be quashed.
(2.) I have considered the submissions made by the counsel for the petitioners and with his assistance, have gone through the records of the case.
(3.) The prayer, as made by the counsel for the petitioners, cannot be accepted in the light of the specific power and authority retained by the Commission while calling for the applications for appointment to the post of Post Graduate Teachers. The relevant portion thereof reads as follows:- " The prescribed essential qualification does not entitle a candidate to be called for interview. In the event of number of applications being large scale the Haryana School Teachers Selection Board (HSTSB) may shortlist the candidates for interview by holding a written examination or on the basis of academic criteria or percentage cut off to be adopted by the Board. The 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.";


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