IN THE HIGH COURT OF PUNJAB AND HARYANA
RAKESH KUMAR JAIN, HARNARESH SINGH GILL, JJ.
Mahipal Singh and Others - Appellant
Versus
State of Haryana and Others - Respondent
Civil Writ Petition No. 2943 of 2019
Decided On : 13-02-2019
RAKESH KUMAR JAIN, J.
1. This order shall dispose of a bunch of 8 writ petitions bearing CWP Nos.2943, 3287, 3407, 3609, 3655, 3675, 3676 and 3870 of 2019, in which various issues have been raised by the petitioners. However, for the sake of convenience, the facts are being extracted from the lead case bearing CWP No.2943 of 2019, in which the respondents have filed their reply.
2. In brief, the Haryana Public Service Commission (hereinafter referred to as the "Commission") issued an advertisement no.6 of 2016 on 20.03.2017, inviting applications from the eligible candidates to fill up 109 posts of Civil Judge (Junior Division) in the cadre of Haryana Civil Services (Judicial Branch). The category-wise break-up of the aforesaid 109 posts is as under:-
Sr. No.
Category
No. of posts
Remarks
1
General
49
Out of these posts, 29 posts are being advertised for the second time.
2
Scheduled Castes of Haryana
14
All posts are being advertised for the second time.
3
Backward Classes (A) of Haryana
8
Out of these posts, 4 posts are being advertised for the second time.
4
Backward Classes (B) of Haryana
5
Out of these posts, 02 posts are being advertised for the second time
5
Economically Backward Person in General Category
8
Out of these posts, 05 posts are being advertised for the second time
6
Ex-Servicemen of Haryana
16
Out of these posts, 02 posts are being advertised for the fourth time, 04 posts are being advertised for the third time, 05 posts are being advertised for the second time.
7
Physical Handicapped persons of Haryana
9
Out of these posts, 01 post is being advertised for the fourth time, 01 post is being advertised for the third time, 03 posts are being advertised for the second time.
Total
109
3. It is provided in the advertisement that selection of the suitable candidates for appointment in the cadre of Haryana Civil Services (Judicial Branch) will be made by holding the examination, which shall be conducted in three stages, namely, (i) Preliminary Examination; (ii) Main Examination, and (iii) Viva-Voce. The syllabus for preliminary examination was also provided in para 12 of the said advertisement, which read as under:-
"12. Syllabus for Preliminary Examination: The Preliminary Examination shall be of objective type with multiple-choice questions as distinguished from the main written examination which shall be of subjective/narrative type. The OMR Sheets (Answer Sheets) will be scanned by Computer. So there is no provision of rechecking/re-evaluation of OMR Sheets. The question paper for Preliminary Examination shall be of two hours duration. It shall consist of 125 questions and each question shall carry 04 marks and for every wrong answer 0.80 mark shall be deducted. There will, however, be no negative marking in respect of un-attempted questions. 5 The objective type multiple-choice question for the Preliminary Examination shall be from the syllabus for the Main Examination. The candidate shall be expected to have a general and basic over view of the main subjects and also the ability to answer questions on current events of national and international importance, Indian legal and constitutional history and governance. The candidate shall also be tested for his analytical skills, reasoning and aptitude. The standard of the question paper shall be of Law graduate level. The object of the Preliminary Examination is to short list the candidates for the Main Examination. No candidate shall be allowed to appear in the Main Examination unless he/she secured minimum 150 marks (read 100 marks for all reserved category candidates) in the Preliminary Examination. The marks obtained in the Preliminary Examination shall not be counted towards final result. Candidates equal
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