M.N. Bhandari, J. - (1.) By this bunch of writ petitions, a challenge is made to the determination of merit for direct recruitment to the post of Live Stock Assistant, 2013 vide advertisement dated 6.8.2013 and, accordingly, prayer is made to set aside the merit list prepared by the non -petitioners.
(2.) Learned counsel for petitioners submit that while issuing advertisement by the non -petitioners on 6.8.2013 for the post of Live Stock Assistant, the criteria for preparation of merit list was also given. It is based on the marks obtained in Senior Secondary examination and Live Stock Assistant's Training by taking their average. Total 30 marks were separately provided towards experience though it was thereafter reduced to 15 marks. The criteria for determination of merit was an issue even in the previous recruitment held in the year 2011. Therein, the marks of Live Stock Assistant training was considered but, therein, weightage was given to the written and practical examination. On a challenge to the criteria for determination of merit for the recruitment year 2011, this court passed interim order to reconsider the criteria for determination of merit. The State Government, thereupon, changed the criteria and redetermined the merit. It was for the reason that the candidates had obtained requisite qualification not only from different institutions but different criteria and standards of marking. In view of above, unequals were made equals in violation of Articles 14 and 16 of the Constitution of India.
(3.) In the recruitment of 2013, non -petitioners have committed many mistakes. The marks of Senior Secondary examination have been considered apart from the marks of Live Stock Assistant training. The candidates who had passed both the courses 10 to 15 years back were not in a position to secure higher marks because the pattern of examination and marking was not so liberal as is existing now. The candidates who has passed the qualifying examination 10 to 15 years back, would not be selected based on the aforesaid criteria thus it becomes a case of discrimination.;