- (1.) By this common judgment, the afore-stated three Civil Writ Petitions are being disposed of as the challenge made therein is to the selections and appointments of Drivers in the Fire Wing of Municipal Corporation, Chandigarh, (hereinafter referred to as 'the Corporation') effected in response to the advertisement (Annexure P-1 in all the three writ petitions).
(2.) The facts, as set out in each writ petition, are as under: The Municipal Corporation, Chandigarh (respondent No.1) invited applications for fifteen posts of Drivers for its Fire Wing vide advertisement dated July 30, 2005. The petitioner, who belongs to a Backward Class, applied for the same. Five posts were reserved for the category of Backward Class candidates. It is averred that the petitioner remained an outstanding sportsman. He participated in the North Zone Inter University Football Championship while pursuing his degree of Bachelor of Sports and Humanities from Chaudhary Charan Singh Haryana Agricultural University, Hissar (a College of Sports). In this regard, petitioner has placed on record Certificate Annexure P-3. He completed the Degree of Bachelor of Sports and Humanities in July, 1998 by securing Second Division. Copy of Degree has been placed on record as Annexure P-4. The petitioner also completed his Diploma in Computer Education from M.S.Office & Internet, which is a recognized institution by the Haryana Education Society. Certificate in this regard is Annexure P-5 with the writ petition. The petitioner learned driving from Driver Training School, Haryana Roadways Central Workshop, Hissar, from December 01, 1998 to December 31, 1998 as per certificate issued by the General Manager (Technical), Haryana Roadways, Central Workshop, Hissar (Annexure P-6). According to this Certificate, the petitioner underwent the Course of Training in Driving of Haryana Transport Vehicles according to the syllabus prescribed satisfactorily. As per certificate (Annexure P-7) issued by the Chief/Regional Co-ordinator, Petroleum Conservation Research Association (Under Ministry of Petroleum & natural Gas), a Government of India's undertaking, the petitioner also successfully completed Training Programming on efficient Driving Techniques & Diesel Conservation. The petitioner is a holder of valid driving licence for driving heavy goods vehicles as well as heavy passenger motor vehicles. He worked as a Bus Driver with the Godara Bus Service, Hisar, on local routes from January 12, 1999 to October 08, 2003. Presently, he is employed as a Driver on contract basis in the Haryana Roadways. He is deployed on the long route passenger bases and is driving in between Chandigarh-Hisar- Chandigarh. Certificate issued by the Godara Bus Service, Hissar, is annexed as Annexure P-8 and Certificate issued by the General Manager, Haryana Roadways, Chandigarh, is annexed as Annexure P-9 with the writ petition.
(3.) It is averred in the writ petition that the petitioner was interviewed by Mr. H.S. Kandhola, P.C.S, Joint Commissioner cum-Secretary, having additional charge as Chief Fire Officer of the Corporation (respondent No.3). At the time of interview, no technical person was associated and the Interview Committee was of only one person i.e respondent No.3. The Driving Test was also conducted in the presence of one Driver and a Clerk. No procedure for allotting separate marks for different driving skills were ear-marked. No criteria was adopted for the purpose of selecting deserving and meritorious candidates. According to the petitioner, he fared very well in the driving test and interview.;