Categorization of candidates based on reserved categories during the selection process compromises merit and violates the rule of reservation.

JUDGMENT :

TRIBHUVAN DAHIYA J.

The petition has been filed, inter alia, seeking a writ of certiorari quashing the result of screening test dated 6.10.2023, Annexure P-5, vide which the petitioner has not been selected for appearing in the ‘Subject Knowledge Test’ for the post of Post Graduate Teacher/PGT-Mathematics, pursuant to advertisements no.29 of 2023 dated 24.6.2023 (Rest of Haryana cadre), and 44 of 2023 dated 24.6.2023 (Mewat cadre), Annexures P-1 and P-2 respectively. Further, to quash conditions 1 (i) and 2 (e) of the Scheme/Pattern of Exam for PGT-Mathematics (for short ‘Scheme of Exam’), as contained in the aforesaid advertisements, being violative of Articles 14 and 16 of the Constitution of India. Further, to quash the selection process initiated by the respondents on the basis of aforesaid conditions of the Scheme of Exam.

2. Facts of the case in brief are;

2.1. The respondent/Commission issued the impugned advertisements for 315 posts of PGT-Mathematics. It prescribes a Scheme of Exam; screening test, subject knowledge test and interview/viva voce. The marks obtained by the candidates in the screening test will not be counted for final selection because it is only for short listing of candidates for the selection. It is stipulated that candidates four times the number of advertised posts will be called for subject knowledge test category-wise, provided they secure the cut-off marks of twenty-five per cent in the screening test. Further, the candidates, category-wise, two times the number of advertised posts will be called for interview, provided they secure the minimum cut-off marks of thirty-five per cent. The last stage of selection is viva-voce/interview. The final selection list will be prepared on the basis of marks of subject knowledge test and interview by giving weightage in the ratio of 87.5 per cent and 12.5 per cent, respectively. The scheme notified in the impugned advertisements reads as under:

Scheme/Pattern of Exam:

1. Screening Test

a) to h) xxxx xxxx

(i) Candidates four times the numbers of advertised posts, including bracketed candidates, if any, category-wise, will be called for the next stage of selection process, provided that they have secured the minimum cut-off marks of 25% in the screening test.

(j) xxxx xxxx

(k) The marks obtained by the candidates in the screening test will not be counted for final selection because it is only for short listing of category-wise candidates, for the subject knowledge test.

2. Subject Knowledge Test

a) to d) xxxx xxxx

e) The numbers of the candidates to be called for interview will be two times, including bracketed candidates, if any, of the number of category-wise advertised posts provided that they have secured the minimum cut-off marks of 35%.

f) The weightage of the subject knowledge test will be 87.5%.

3. Interview/Viva-Voce

The weightage of the interview will be 12.5%. The final merit list will be prepared by adding the marks of the subject knowledge test and interview/viva-voce.

2.2. The petitioner being fully eligible, applied for the post as Backward Class/BC (B) category candidate. She was issued admit card for appearing in the combined screening test, which was conducted by the Commission as per the Scheme of Exam to short-list the candidates. Its result was uploaded on the website on 6.10.2023, wherein four times the number of candidates, category-wise, were short-listed for the subject knowledge test. The petitioner’s roll number did not figure in the list of candidates under BC (B) category.

2.3. In these circumstances, the instant petition was filed, inter alia, impugning conditions 1 (i) and 2 (e) of the Scheme of Exam pertaining to screening test and subject knowledge test respectively, whereby candidates will be called for further stages of selection in their separate reserved categories/category-wise.

3. Mr. Vivek Salathia, learned counsel for the petitioner has contended that the Scheme of Exam followed by the respondents is contrary to the settled la