- (1.) By a common judgment, we intend to dispose of the present writ petition as well as CWP Nos. 16036 and 17147 of 2005, 16081 and 16803 of 2006, besides CWP No. 9010 of 2007, as all of them involve identical questions of law and facts. However, for facility of reference, the facts are taken from the present writ petition.
(2.) The petitioners have challenged the validity of the amendment brought about in Haryana Primary Education (Group C) District Cadre Service Rules, 1994, Haryana State Education School Cadre (Group C) Service Rules, 1998 and Haryana State Education Lecturer School Cadre (Group C) Service Rules, 1998, whereby 50% reservation in favour of the rural youths and 33% for the women was provided for filling up the various posts thereunder. Prayer has also been made for quashing the advertisement No. 6/2006 dated 20.7.2006 issued by respondent No. 3, whereby applications were invited for the posts of Lecturers, Masters, Language Teachers, Art and Crafts Teachers, P.T.I. and J.B.T. Teachers in different subjects in the Education Department, Haryana. The said advertisement prescribes that 33% posts shall be reserved for women and 50% reserved for youths, who had acquired matriculation qualification from a school situated in a rural area of Haryana. The petitioners also challenged the action of the respondents in making microscopic classification amongst the candidates belonging to Scheduled Castes and allotting different quota amongst same class of Scheduled Castes.
(3.) The State of Haryana issued the impugned advertisement through Haryana Staff Selection Commission (for short 'the Commission') vide which applications were to be submitted on or before 21.8.2006. Towards the end of the advertisement, it was stated under Note-1 that recruitment of candidates belonging to Scheduled Castes would be made by making two categories, i.e. SC-A and SC-B and the same would be in accordance with the Haryana Government instructions. Under Note-2, it was prescribed that in all the categories, for which the applications were invited, 33% posts were reserved for women and 50% for youths, who had acquired matriculation qualification from a school situated in a rural area of Haryana. Also that the reservation would be horizontal. The candidates, who passed matriculation examination from the schools situated in the urban areas, which urban areas were listed in the advertisement, were not to be considered under the category of rural youths. The candidates, who wanted to avail of 50% reservation of rural area, were required to furnish an affidavit to the effect that they had passed their matriculation examination from the school situated in the rural area of Haryana.;