- (1.) By this order, we propose to decide three writ petitions i.e. C.W.P. Nos. 17523 of 2008 (Anil Kumar and others v. State of Haryana and others), 17719 of 2008 (Sukhwant Singh and others v. State of Haryana and another) and 18207 of 2008 (Raj Kumar and others v. State of Haryana and others) as common question of facts and law is involved.
(2.) These writ petitions have been preferred by the candidates who, in response to the advertisement issued by the Haryana Staff Selection Commission (hereinafter referred to as 'the Commission') vide advertisement No. 6/2006 published in the newspaper 'Chandigarh Tribune' dated 20.7.2006 wherein applications were invited under category No. 22 for 816 posts of Art and Crafts Teacher, had submitted their applications. In the said advertisement, the closing date for receipt of applications was mentioned as 21.8.2006. The petitioners were issued interview cards by the Commission for appearing in interview at different places for the Art and Crafts Teacher on different dates. The Commission also published notice dated 31.7.2006 in various newspapers informing the candidates about the interview for the posts of Art and Crafts Teacher of the Education Department, Haryana who had submitted their forms in response to advertisement No. 6/2006 about the dates fixed for interview and the places as well. Still further, the Commission vide its notice dated 19.9.2008 published in the newspapers stated as follows : "HARYANA STAFF SELECTION COMMISSION BAYS NO. 67-70, SECTOR-2, PANCHKULA-134151 Notice to the candidates for interview for the post of Art and Craft Teacher, Education Department, Haryana. Reference Commission notice dated 31.7.2006, which published in the various newspapers for interview for the post of Art & Craft Teacher, Education Department, Haryana against Advt. No. 6/2006, Act. No. 22, dated 20.7.2006. According to the condition of advertisement the eligibility of the candidate in respect of academic qualification and age etc. is required to be determined on the cut off date i.e. 21.8.2006 for the post of Art & Craft Teacher and only such candidates are eligible for interview who fulfill the aforesaid condition on the said date. All the applicants have since been called for interview and as such it has been observed that even some ineligible candidates, who have acquired the academic qualification after cut off date i.e. 21.8.2006, are also reporting for interview. These ineligible candidates are now advised through this notice to check up their documents before coming for interview and in case they do not possess the qualification on the cut off date i.e. 21.8.2006 they need not require to report for interview. Inconvenience is regretted. Place : PanchkulaSecretary Dated : 19.9.2008Haryana Staff Selection Commission, Panchkula" It is this notice issued by the Commission which is under challenge before this Court.
(3.) It is the contention of the petitioners that there was no stipulation as such in the advertisement but however, after considering their candidature, they have been issued interview letters. Now vide this notice the cut off date i.e. 21.8.2006 has been fixed to determine the academic qualification and age etc. which is impermissible. Petitioners have contended that they have attained the educational qualifications after the now determined cut off date i.e. 21.8.2006 although they are now fully eligible for appointment to the post. It is their contention that the eligibility of the candidates is to be seen at the time of the interview and not at the time of submission of the application or on the last date of the submission the application.;