Merit must govern the selection of candidates across categories, allowing migration from reserved to open categories based on superior performance.

JUDGMENT :

Sanjeev Prakash Sharma, J.

This order will dispose of two cases i.e. LPA No. 329 of 2024 and CWP No. 17188 of 2024, as common questions of law and facts are involved therein.

2. By way of present LPA No. 329 of 2024, the appellant-Commission has assailed the judgment dated 08.01.2024 whereby the learned Single Judge has allowed the writ petition and directed to revise the screening test result and proceed with the process of selection for the advertised posts in accordance with law without categorizing the candidates till the final merit list is drawn.

3. CWP No. 17188 of 2024 has been filed for issuance of direction to the respondents to re-conduct the examination after following due process of reservation at all levels including at the level of screening test and at the level of skill test. Further prayer is for directing the Commission to re-conduct the interviews for the vacant posts lying in the Mewat cadre.

4. While issuing notice of motion, the operation and effect of the judgment passed by the learned Single Judge was stayed, whereafter the appellant has preferred CM No. 1282-LPA of 2025 placing the correct judgment of the Single Bench before the Court. Writ petitioner/respondent no.l has moved application for vacation of stay. Considering the nature of the case, we decided to hear the case finally and heard learned counsel for the parties on merits.

5. Brief facts which need to be noticed before adverting to the respective submissions are that Haryana Public Service Commission (hereinafter to be referred as 'the Commission') issued an advertisement no.29 of 2023 on 24.06.2023 inviting online applications from eligible candidates for filling up of 250 posts of PGT (Maths) for rest of Haryana cadre. Another advertisement no. 44 of 2023 was issued on the same date inviting applications for filling up 65 posts of PGT (Maths) in Mewat cadre alone. The scheme for examination consisting of three stages, (1) Screening Test, as under:-

'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) In cases, where the total number of applicants is less or nearly four times the number of advertised posts, the Commission reserves its right to call the candidates directly for the subject knowledge test.

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) The second stage is the Subject Knowledge Test, which provides as under:-

(3) The third stage is the Interview/ Viva-Voce, which provided as under:-

6. The writ petitioner set up the case that she was from BC (B) Category and when the screening test result was declared, her roll number was not figured in the list of BC(B) category. The candidates, who were selected in the screening test category-wise, were called for subject knowledge test and thereafter, the result was declared. She, therefore, claimed that though she has secured higher marks in screening test, which were 41.85, she was not called for participating in the subject knowledge test while the General Category candidates, who secured between 41.58 to 38.04 marks in the screening test were allowed to participate. She, therefore, submitted that as she had secured more marks than those of General Category/unreserved category candidates, she ha