JUDGEMENT
JASBIR SINGH, J. -
(1.) THE appellant was the applicant for recruitment
against 700 posts of Computer Faculty Teacher. The
application was to be submitted on line upto 31.12.2011.
Recruitment was to be based on the merit determined in a
written test to be held by the authorities. No marks were
assigned to the interview. Written test was conducted on
18.03.2012 in which the appellant secured 31.25 marks. In the advertisement, the following general instructions were
issued:
"General Instructions: 1. The recruitment will be made based on the merit of the written test. There will be no marks for the interview and academic qualifications: 2. The address of the examination Centres at the above eight district places will be put on the website http://recruitment.cdacmohali.in and also on the admit card/in case of any difficulty held line numbers of C -DAC, Mohali may be contacted.
3. The candidates are advised to fill their category very carefully. Category once filled will not be changed. 4. The candidate has to verify himself that he/she fulfills all the eligibility conditions for this post. Appearing in the examination and qualifying the test does not entitle him/her for appointment to the post. The selection will be subject to his/her eligibility for the post and availability of vacancies. Verification of original documents would be done at the time of counselling/ joining. The purpose would be to verify different records regarding identification, age, qualifying examination, state of eligibility, category etc, of the candidate. On failing to furnish any of the documents the candidates will not be considered for recruitment and liable for criminal action.
5. The candidates should reach the examination centres one hour before the start of the examination. At the examination centre, the candidate has to produce his/her admit card along with identity proof, which may be Driving licence, voter ID Card Ration Card, Passport or PAN Card. 6. The Question Paper will be of objection type (100 marks) having 100 questions with multiple choice on OMR sheet with one correct answer of each question. The duration of the paper will be ONE HOUR. There will be NEGATIVE MARKING. Each right answer will carry one mark and ΒΌ marks will be deducted for each wrong answer. 7. No candidate will be allowed to appear in the examination without Roll Number Slip. 8. Candidates should bring with them BLUE or BLACK Ball Pens only. Books, written notes, calculator, mobile phones and other electronic devices etc. will not be permitted to be carried in the examination hall.
9. The detailed syllabus for the test is available on the web site www. ssapunjab.org. 10. The post vacant in various categories will be filled subject to availability of the candidates in that category. 11. Candidates are advised to visit http://recruitment.cdacmohali.in and www. ssapunjab.org. websites regularly."
(2.) IT was specifically stated that roll number and examination centre will be displayed on the website of the
department. It was further stated that appearing in the
examination and qualifying the test does not entitle the
candidate for appointment to the post. The selection shall
be subject to candidate's eligibility for the post and
availability of vacancy. It was further stated that
verification of original documents would be done at the time
of counseling /joining. The purpose would be to verify the
different record regarding the identification, age, qualifying
examination, state of eligibility, category etc. of the
candidate. Through that process, if the candidate failed to
furnish any of the documents, he/she shall not be
considered for appointment. The candidates were advised
to regularly look into the website of the department,
address of which was given in the said advertisement. The
first counseling took place between 28.09.2012 to
30.09.2012. The appellant did not participate in the same, as he was not eligible to appear in the same. Thereafter
second counseling took place between 11.03.2013 to
13.03.2013. It was so notified in the four newspapers, namely, Jag Bani, Punjab Kesri, Daily Ajeet and Hindustan
Times on 01.03.2013. Notice also appeared on the
website of the department. Admittedly, the appellant failed
to participate in the second counseling on account of which,
he was not selected. Thereafter, he filed an application on
25.03.2013 seeking appointment against the advertised post when no action was taken, the appellant came to this
Court by filing CWP No. 9093 of 2013, which was disposed
of on 16.07.2013 directing the respondent authorities to
take final decision qua grievance of the appellant.
Thereafter, order dated 07.08.2013 was passed declining the prayer made by the appellant. It was said as under:
"Certified copy of the order dated 16.07.2013 has been received on dated 30.07.2013. In compliance to orders of Hon'ble High Court the legal Notice dated 07.04.2013 (Annexure P -5) regarding claim of the petitioner has been examined. Petitioner had applied for the post of Computer Faculty under Ex -serviceman dependant category. The petitioner has secured 31.25 marks in written test for the said post. Petitioner was called for counseling schedule on dated 11.03.2013 through public notice as well as official website www.ssapunjab.org. Petitioner did not appear for counseling and counseling committee marked him absent. On which petitioner submitted representation to Head Office Punjab Information and Communication Technology Education Society (PICTES), which was declined alongwith similarly situated candidates. Whereas after considering the representation it was decided that giving opportunities to absent candidates again and again will be an endless process, which is never going to end. So no such/absent candidate has been given additional opportunity for counseling."
(3.) THE appellant again came to this Court by filing CWP No. 22692 of 2013 reiterating his prayer for appointment,
which was dismissed by the learned Single Judge on
02.12.2013. Hence, this appeal.;
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