Amol Rattan Singh, J. - (1.) The 55 petitioners in these two petitions (44 in CWP No. 11269 of 2011 and 11 in CWP No. 17466 of 2011) have challenged the action of the respondents in adopting a criteria of 50% pass marks for the general category and 40% pass marks for the reserved category candidates, in the departmental examination for promotion/appointment of regular/technical employees to the posts of Junior Engineers -II (Electrical). The main ground of challenge is that (as contended), prior to the year 2010, the minimum pass marks were kept at 40% for the general category and 30% for the reserved category. The petitioners in CWP No. 11269 of 2011 are stated to be belonging to the 'general category', whereas those in CWP No. 17466 of 2011 are stated to be from the reserved category.
(2.) The facts are being taken essentially from CWP No. 11269 of 2011, as the contesting respondent, i.e. the Punjab State Power Corporation Limited (respondent No. 2) (hereinafter to be referred to as the Corporation), has filed a written statement only in this case, to which the petitioners have also filed a replication. If necessary, the facts from the other petition would also be referred to.
(3.) It is contended that on 27.01.2010, respondent No. 2 circulated a notice inviting applications from regular/technical employees working in the Punjab State Electricity Board, i.e. the predecessor of the Corporation, as had the necessary educational qualification and experience given in the circular, to appear in the departmental examination, to fill up 167 posts of Junior Engineers -II (Electrical). The circular stated that applications from persons having the requisite qualification and experience, were being invited for filling up the aforesaid posts through a departmental examination "keeping in view the Technical Services Class -3 Regulations, 1996". The following were the eligibility qualifications/conditions given in the circular: - - "1. Having diploma in electrical engineers of 3/4 years and who has worked as SSA Lineman, Meter Reader, ALM/RTM, Test Mechanic, Telephone Mechanic, Telephone Attendant and any post under Technical Category for minimum period of three years; ITI with matric and has working in the Board as Lineman for the last 8 years. 2. He must have studied Punjabi upto matric level. Note: Must have passed National Trade Certificate or National Apprenticeship Certificate course in the trade of ITI Lineman/Elect./Wireman." It was further stated therein that: - - "You are requested that the enclosed circular may be pasted at the notice boards in all officers so that the eligible employees may send their applications from alongwith identity card/joining sheet (as per the enclosed proforma) on the full scale paper may be typed and dully filed in along with a fee of Rs. 200/ - B.A. 16 (Examination Fee) for general candidates and Rs. 50/ - B.A. 16 for reserve candidates to this office latest by 22.03.2010. The syllabus prescribed for this post is also enclosed which may also be pasted at the notice board." (Though, in the writ petition, the said circular has been referred to as Annexure P -1 and the syllabus annexed thereto as Annexure P -2, it seems that, inadvertently, the syllabus has been annexed as Annexure P -1 and the notice itself as Annexure P -2).;