P.S.PATWALIA, J. - (1.) This order will dispose of Civil Writ Petition Nos.19894, 19754, 19128, 19362, 19728, 19638, 19866, 19537, 19641, 19846, 19535, 19542, 19724, 19878, 19930, 20084, 20169, 20212, 20431 of 2005, 33, 41, 100, 186, 236, 268, 1288 and 2116 of 2006. The factual matrix leading to the filing of these writ petitions is as under:- The State of Haryana vide advertisement No.1 of 2005 published on 16.7.2005 invited applications for filling up 381 temporary posts of Lecturers in the School Cadre in the Department of Education by way of direct recruitment. All the petitioners in this bunch of writ petitions submitted their applications in response to the advertisement for being considered for appointment to these posts. Interviews to consider the claims of various candidates against the advertised posts commenced in December, 2005. Inspite of the fact that the petitioners were fulfilling the minimum eligibility qualifications for being considered for appointment, they were not called for interview. It is at that stage that these writ petitions were filed with a prayer that the respondent-State of Haryana should be directed to interview the petitioners and to consider them for selection against the posts of Lecturers which have been advertised. Notice of motion was issued in these writ petitions and it was ordered that in the meanwhile, the petitioners may be interviewed provisionally, subject to the outcome of the writ petitions. It was also ordered that the result would not be declared till further orders.
(2.) In response to the notice issued a written statement has been filed by the Under Secretary, Higher Education, Haryana on behalf of the State Government. In the reply it is disclosed that against 381 posts of Lecturers which were advertised 2806 applications were received. The selection was to be made on the basis of academic record and interview alone, without there being any written test. Since the number of applications received were many times the number of posts advertised the State Government took a decision to short list the candidates to be called for interview and it was decided to call three times the number of candidates than the posts advertised. For this purpose the State Government had formulated a criteria which was disclosed to the Court at the time of arguments. A copy of the same was also supplied to the learned counsel appearing for the petitioners. The criteria is as under:- " CRITERIA FOR SELECTION OF LECTURERS (COLLEGE CADRE) I Academic Record (See Point No.I in Note) Masters Level Degree 40 maximum marks i) Marks obtained upto 55% being minimum Nil ii) Beyond 55% one number for every additional percentage (See point No.V in Notes) II Good Academic Record 10 maximum marks i) Ist Division in all three lower examinations i.e. BA Final, Prep. Or +2 and Matric prior to MA/M.Sc./M.Com 10 ii)` Ist Division in two lower examinations i.e. BA Final, Prep. Or +2 and Matric prior to MA/M.Sc./M.Com. 5 iii) Ist Division in one lower examinations i.e. A Final, Prep. Or +2 and Matric prior to MA/M.Sc./M.Com 2 III Weightage for additional/Higher Qualifications (See point No.IV in notes) 10 maximum marks i) Ph.D 10 ii) M.Phil 5 IV Teaching Experience (See point No.III in Notes) 05 maximum marks V Co-curricular Activities (See point No.II in notes) 10 maximum marks i) University Yough Festival (Only if attained Prize-not Participation alone) 1 ii) Debates (if attained position in inter college debates 2 iii) NCC 02 maximum marks a) C Certificate 2 b) B Certificate 1 iv) NSS (Camp of 10 days atleast) 01 maximum marks v) Sports (Only Open Championships) (International) 04 maximum marks a) Position 4 b) Participation 3 (National) a) Position 3 b) Participation 2 (State) a) Position 1 VI Interview 25 GRAND TOTAL 100 NOTES:- i) No written test will be organized for filling up these posts UGC instructions and relevant Service Rules will be followed in the recruitment process. NET in the relevant subject is compulsory for the post of Lecturer (College Cadre) as per Service Rules and UGC guidelines. ii) Weightage for only one highest certificate will be given to the candidates for Sports and NCC Activities. They will have to furnish an affidavit that they will perform the duties relates to NCC/NSS and Sports activities. Sports certificates must be of a Sport recognized by the Sports Department Haryana. iii) For teaching experience of every academic session one mark be given. Teaching experience (only at college or University level) for atleast six months in an academic session may be considered as one unit. Only those candidates to be given weightage who have submitted Experience Certificate (countersigned by Principal of college/Head of Institute/Department). iv) Those candidates, who are given relaxation for clearing UGC NET examination on the basis of M.Phil or Ph.D qualifications according to the service rules, will not be given weightage for additional/higher qualifications for that particular degree. v) That in the marks for the academic record those candidates who are given relaxation for obtaining 55% marks in Master level degree, As Per The Service Rules, may be given additional number for every additional percentage beyond 55% only."
(3.) It is further contended in the reply that this short listing is strictly in accordance with Note III appearing in the advertisement which specifically states that the number of candidates to be called for interview can be restricted on the basis of qualification and experience higher than the minimum prescribed in the advertisement. The said clause is in the following terms:- "The prescribed essential qualifications are minimum and mere possession of the same does not entitle candidates to be called for interview. Where the number of applications received in response to advertisement is large and it will not be convenient or possible for the department to interview all these candidates, the Department may restrict the number of candidates for interview to a reasonable limit on the basis of qualifications and experience higher than the minimum prescribed in the advertisement by holding a Screening Test or any other method devised by the Department.";