The recommended candidates had no indefeasible right to appointment when the action of the State Government was not arbitrary.

JUDGMENT (ORAL)

G.S. Sandhawalia, J. (Oral) - Challenge in the present set of Civil Writ Petitions filed under Article 226/227 of the Constitution of India, is to the decision of the Government dated 26.02.2021, wherein respondent No.3-Commission notified that online application forms, which were invited for 61 posts of Junior Lecture Assistant (J.L.A.), category No.4 of Higher Education Department Haryana, vide Advertisement No.11/2017 dated 19.12.2017 was being withdrawn. The challenge is primarily raised on the grounds that firstly, the order was without giving any reasons and secondly, on the principle of estoppel since candidates had applied and sat in the written test held on 23.09.2018 in pursuance of the said advertisement. Their results had been declared on 02.08.2019 (Annexure P-5 in CWP-9571-2021) and thus, they were entitled for the benefit of appointment as such since the Commission had sent a recommendation list also to the concerned department for appointment on the said posts.

2. In another bunch of cases, which have been filed by the unsuccessful candidates, whose names did not find mention in the result, which was declared, the Rules have been challenged and quashing of the result is prayed for.

3. The factual matrix which requires consideration for adjudication of the dispute in question is that vide communication dated 06.07.2017 (Annexure P-2), Director General, Higher Education Haryana sent a requisition for the candidates, which were required to be appointed including Tabla Player, Junior Lecture Assistant and Laboratory Attendant in various Government Colleges of Haryana. As noticed, the present litigation only pertains to the posts of J.L.A., which were 61 in number. The requisition provided that academic qualification were to be read as under:-

4. When the advertisement was published on 19.12.2017 (Annexure P-3), essential qualifications were mentioned as per the statutory Rules, which are mentioned in the Haryana Educational College Cadre (Group C) Service Rules, 1986. The said qualifications read as under:-

14. Junior (i) Matric with Science with 5 years' experience Same as for direct Lecture in a College. recruitment.

Assistant (ii) In case of appointment of Junior Lecture

Assistant in Music BA Music from -

(a) Sangeet Pryag Samiti, Allahabad

(b) Bhatkhande University of Music, Lucknow or Madhay Sangeet Vidyalay, Gwalior

(c) Gandharav Mahavidyalaya Mandal, Bombay,

(d) Punjab or Kurukshetra University or any other University to which the Government Colleges in Haryana are affiliated

(iii) Knowledge of tuning

(iv) Knowledge of Hindi up to Matric Standard

5. On perusal of the above, it would be apparent that there are two sets of Junior Lecture Assistants, one qualified in the field of Music, who do not need the requirement for 5 years' experience in a college. The common factor inter se for both the Junior Lecture Assistants was knowledge of Hindi up to Matric Standard as per clause (iv). Apparently, while the advertisement was issued, the same was done as per the Rules and not as per the requisition, which has been noticed herein and which has led to the whole dispute arising pertaining to the present litigation.

6. Mr. Kaushik, Advocate has tried to convince us that even communication dated 02.01.2018 had been written by the Commission to the Director General, Higher Education Haryana that whether the advertisement of the advertised posts is correct according to the Departmental Service Rules/instructions issued or there was any error and a modification letter could have been issued. Reliance is placed upon the reply dated 16.01.201