Proficiency in Hindi or English cannot be adjudged through multiple choice questions, and no legal right accrued to demand a bilingual question paper.

JUDGMENT

Ajay Mohan Goel, J. - As the factual and legal issues involved in both these petitions are similar, therefore, these petitions are being disposed of by a common judgment.

2. Brief facts necessary for the adjudication of the present petitions are as under:-

Vide advertisement No. 18/2019, dated 02.11.2019, respondent-Commission invited applications from desirous and eligible candidates for the posts of Lecturer (School-New) in the department of Higher Education. A copy of said advertisement is appended as Annexure P-1 with CWP No. 1107 of 2020. It is not in dispute that subsequently, this advertisement was rescinded by the Commission and a fresh advertisement was issued by the respondent-Commission, i.e. advertisement No. 22/2019, dated 10.12.2019, appended as Annexure P-4 with CWP No. 1111 of 2020. Hereinafter this Court shall exclusively be referring to advertisement No. 22/2019, for the purposes of facts etc. Vide advertisement No. 22/2019, online recruitment applications were invited from desirous and eligible candidates for filling up the post of Lecturer (School-New) Commerce in the department of Higher Education. The OTRS was to be available on the Commission's website upto 30.12.2019 till 11:59 p.m. A candidate was eligible to participate in the selection process if he or she had passed matriculation from any school/institution situated within Himachal Pradesh, provided that this condition was not to apply to bonafide Himachalis. In terms of the advertisement, the applications were invited for the post of Lecturers for four subjects, including the subject of commerce, which is the subject matter of the present writ petitions. In all 215 posts of Commerce Lecturer (School-New) Class-III (Non-Gazetted) on contract basis, were advertised through said advertisement. These posts were advertised in the pay scale of 10300 34800+4200 Grade Pay. The essential qualifications prescribed in the advertisement were as under:-

"Essential Qualification(s):

1. Academic Qualifications: Master's Degree in the subject concerned from a recognized University (with minimum of 50% marks in aggregate) or its equivalent. Candidates having Master's Degree in Public Administration are eligible for Lecturer (School-New) Political Science.

Lecturer (School-New) Commerce: Commerce with Accountancy Financial Accountancy and Income Tax as major subjects of study. Holder of Degree of MFC (Master of Finance Control) is also eligible for the post of Lecturer (School-New) in Commerce subject from a recognized University.

II. Proficiency in teaching Hindi and English

2. Profession Qualification: Bachelor Education (B.Ed.) as professional qualification from recognized University. Institution with minimum 50% marks OR two year's Integrated M.Sc. Ed. Course or an equivalent course from a recognized University.

Desirable Qualification: Knowledge of customs, manner and dialects of Himachal Pradesh and suitability for appointment in the peculiar conditions prevailing in the Pradesh."

3. The scheme of examination prescribed in the advertisement was as under:-

"SCHEME OF EXAMINATION

1. There shall be a written objective type examination (MCQ) (Computer Based Test Offline Test). Marks obtained in written objective type examination (either online or offline) shall be counted for deciding the merit of the candidates. The candidates, who will qualify the written objective type examination (Computer Based Test Offline Test) will have to appear for evaluation. Final selection of candidates will be made on the basis of marks obtained in the objective type examination (Computer Based Test Offline Test) and evaluation based on the parameters devised by the Department of Personnel vide its notification No. Per. (APB)B(15)-5 2014 dated 17.04.2017 subject to passing of Written Objective Type Examination.

2. Candidates in the ratio of 10 times of total number of posts will be declared qualified in the written objective type examination (MCQ) (Computer Based Test Offline Test) con