The court emphasized the validity of the CET policy, stating that it expedited the recruitment process and avoided unnecessary litigation by non-meritorious applicants.

M.S. RAMACHANDRA RAO, J.

The background facts

1. Since common issues arise for consideration, these Writ Petitions are being disposed of together by this common order.

2. On 05.05.2022, State of Haryana had issued a notification introducing a Common Eligibility Test [for short ‘CET’] for Group ‘C’ & ‘D’ posts across the State of Haryana by formulating a policy called “Policy of Recruitment to Group ‘C’ and ‘D’ for Common Eligibility Test-2022”.

3. The said policy is made applicable to direct recruitment to Group ‘C’ posts and Group ‘D’ posts with some exceptions.

4. The syllabus for the said test would be divided into two parts comprising:

a) 75% weightage for general awareness, reasoning, quantitative ability, English, Hindi and relevant or concerned subject(s) as applicable; and for Group ‘C’ posts, computer knowledge in addition,

b) 25% weightage for History, Current Affairs, Literature, Geography, Environment, Culture etc. of Haryana.

5. The question paper would be of level of Senior Secondary Education (10+2) level for Group ‘C’ post and the level of Secondary Education (Matric Level) in case of Group ‘D’ post.

6. Clause 7(i) thereof states that an applicant, who intends to apply for direct recruitment to any applicable Group ‘C’ post shall have to appear in the CET.

Sub Clause (v) of Clause 7 states as under: -

“Every applicant, who appears in the CET, shall be given marks based of his performance in the CET An applicant of general category shall have to obtain minimum 50% marks in CET (excluding the socio-economic criteria weightage) to be eligible for skill and/or written examination of second stage. however, an applicant of reserved category (both vertical and horizontal) shall receive concession @ 10%, for the purpose of eligibility for CET, i.e. the minimum cut-off for such candidates shall be 40% (excluding the socio-economic criteria weightage). An applicant of any category who obtains less than the minimum marks in CET, shall have to re-appear in CET in the next or any subsequent attempt.”

7. Similar provision is made in Clause 8 for Group ‘D’ posts.

8. Clause 9(i) of the Policy requires that after publication of the CET score, posts available for recruitment shall be advertised by the Haryana Staff Selection Commission alongwith the syllabus, procedure/manner of conducting skill and /or written examination of the advertised posts and the last date for attaining minimum educational qualification and/or experience. On the advertisement being issued, the Commission shall invite applications electronically of the eligible candidates based on the merit list of the CET score to know whether the candidate is willing to appear for skill and/or written examination for that post.

9. The proviso to Clause 9(i) of the Policy restricts the zone of consideration as to who would be allowed to appear for the skill and/or written examination in the following terms:

“ Clause 9(i): xxx

Provided that the maximum number of eligible candidates for the skill and/or written examination who shall be eligible to appear in such examination based on number of posts advertised by the Commission as under :

(a) Candidates equal to five times the number of posts advertised if the number is less than 30;

(b) 150 candidates if the number is between 30 and 40;

(c) Candidates equal to four times the number of posts advertised if the number is greater than 40.”

10. Sub Clause (vi) of Clause 9 states that for consideration of a candidate against the post of General category, such candidate has to secure minimum 50% marks (excluding social economic criteria weightage) in the skill and/or written examination to be considered for selection/recruitment. For reserved category posts (whether vertical or horizontal), a 10% concession was given.

CWP-24605-2022

11. The petitioners have questioned the proviso to Rule 9(i) of the Policy dt.05.05.2022 whereby CET qualified candidates are restricted to join the recruitment process of Group ‘C’ and ‘D’ posts i.e. the restriction in t