The prescribed selection procedure, which included a four-stage process and considered aggregate marks for eligibility, was not arbitrary. The interview stage was not the sole determining factor for selection, and each stage was given due weightage considering the nature of service.

Anil Kumar, J.

1. The petitioners have sought quashing of order dated 18th September, 2007 passed by the respondents and a direction to the respondents to include the name of the petitioners in the final list of selected candidates and to appoint them on the post of Security Assistant Grade-II in Rajya Sabha.

.2. The brief relevant facts for the adjudication of this case are that the petitioners applied for selection to the post of Security Assistant Grade II pursuant to the advertisement No. 19(N) published in the employment news of 22-28 July, 2006. After verification of petitioners application forms, the roll Nos. 5527 and 5522 were issued to both the petitioners by the respondents. Thereafter call letters dated 10th January, 2007 were issued to the petitioners. The petitioners contended that it was stipulated in the call letters that only those candidates who qualified the written examination would be called for Physical Measurement Tests and Physical Efficiency Tests. As the petitioners performed well in the written test held on 10th January, 2007, they were permitted to take up the Physical Measurement Tests and Physical Efficiency Tests by letters dated 13th April, 2007 in which it was provided that the candidates who qualify in the Measurement of physical standards test would be allowed to participate in the field test. As the petitioners qualified in the Physical Measurement Tests they were permitted to take part in the Field Test

3. Since the petitioner qualified in the Physical Measurement test and Field test thereforee they were permitted to appear in the personal interview for the recruitment to the post of Security Assistant Grade-II in Rajya Sabha by call letters dated 5th July, 2007. Interviews were conducted on 2nd August, 2007.

4. The petitioners contended that by order dated 18th September, 2007, the final list of the candidates selected for the post of Security Assistant Grade-II in Lok Sabha and Rajya Sabha Secretariat was declared and that 6 and 31 candidates respectively for the post of Security Assistant Grade-II in Lok Sabha and of Rajya Sabha Secretariat respectively were selected, however, the name of the petitioners were not included in the final select list despite the fact that the petitioner No. 1 and petitioner No. 2 had secured 178.1 and 161.04 out of total marks of 225 which marks were more than the marks secured by the last selected candidates in the general category as the topper in the examination had secured 179.13 marks and the last qualified candidate in the general category secured 160.71 out of total marks of 225.

5. The petitioners by way of the present petition have challenged the act of the respondents in not including the name of the petitioners in the final select list despite the fact that the petitioners had secured more marks than the last selected candidates and have claimed their right to selection to the post of Security Assistant Grade-II in the Rajya Sabha Secretariat.

6. The petitioners have challenged the order dated on 18th September, 2007 on the ground that the same is illegal, arbitrary, discriminatory, unjustified and in violation of Article 14 and 16 of the Constitution of India as it includes the name of candidates who have secured less marks than the petitioners and does not include the name of the petitioners despite the fact that the petitioners fulfill all the conditions mentioned in the Service Order, 2002 and also the conditions required for recruitment to the post of Security Assistant Grade II as mentioned in the advertisement and the call letters issued by the respondents.

.7. The respondents have contested the writ petition and have filed a short reply refuting the averments made in the petition. According to the respondents there is no violation of fundamental rights of the petitioners as has been alleged in the petition as the parameters of test in the matter of the selection of candidates is determined by the experts after taking into consid