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TRIBHUVAN DAHIYA
Parmila – Appellant
Versus
State of Haryana – Respondent
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
Categorization of candidates based on reserved categories during the selection process compromises merit and violates the rule of reservation.
Merit must govern the selection of candidates across categories, allowing migration from reserved to open categories based on superior performance.
Reserved category candidates who score above the general category cut-off must be treated as general candidates, ensuring merit prevails in recruitment processes as mandated by the Constitution.
Merit-based selection requires inclusion of qualified candidates from reserved categories in the unreserved list at the preliminary examination stage, ensuring compliance with equality and fairness p....
Reservation policies in public employment must prioritize merit; candidates from reserved categories who qualify for general positions based on merit are to be treated as general category candidates.
Reservation and category migration apply only at final merit/appointment stage, not preliminary/short-listing tiers.
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