State authorities cannot force candidates into the General category mid-recruitment due to the withdrawal of a reserved category without providing them an opportunity to opt for alternative eligible categories, thereby violating their right to a fair and equal selection process.

CWP-8165-2019 (O&M) along with connected petitions -2-

CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present: Mr. Jasbir Mor, Advocate,

Mr. Vishwas Shira, Advocate and

Mr. Virendera Gill, Advocate

for the petitioner(s).

Mr. Aakash Singla, Additional Advocate General, Haryana.

TRIBHUVAN DAHIYA, J.

These petitions are being decided together as common questions of law on similar facts arise for consideration. The facts, however, are being noticed from CWP-8165-2019, which has been filed inter alia seeking a writ of certiorari quashing the notice dated 17.12.2018, Annexure P-9, for not calling the petitioner for interview in Economically Backward Person in General Castes category (for short, ‘EBPGC category’) for the post of Trained Graduate Teacher (TGT) Physical Education against advertisement 3/2015, dated 28.06.2015. Further, a writ of mandamus has been sought directing the respondents to consider him eligible for the said post as EBPGC category candidate.

2. Briefly, the facts of the case are, respondent no.3/Haryana Staff Selection Commission published the aforementioned advertisement inviting applications for the posts of TGTs in different subjects under various reserved categories, including Special Backward Class (for short, ‘SBC’) and EBPGC categories. The closing date for submission of applications was 21.09.2015, it was extended up to 04.10.2015. The petitioner applied for the post of TGT (Physical Education) as SBC category candidate, for which sixty posts had been advertised. He participated in the selection process as such and was called for scrutiny of documents vide announcement dated 07.09.2017, Annexure P-5. After scrutiny, the Commission shortlisted candidates twice the number of vacancies/posts, for interview. The petitioner was considered as a General category candidate and could not be shortlisted as he had secured lesser marks as compared to seventy secured by the last shortlisted candidate in the category.

2.1. In the meanwhile, the petitioner had obtained EBPGC category certificate dated 07.08.2017, Annexure P-7, and requested to the Commission to change his category from SBC to EBPGC vide representation dated 23.11.2018. It was not acted upon to his knowledge.

2.2. As per Note 2 appended to the announcement dated 17.12.2018, Annexure P-9, SBC category candidates were considered for selection against unreserved/general vacancies, as the posts had been withheld in view of directions issued by this Court; it reads as under:

2. The result of SBC/BC(C) category has been withheld as per letter no.42/187/2015-5GSI Dated: 25.08.2016 issued by Chief Secretary, Government of Haryana in view of directions of the Hon'ble High Court that no appointments in service shall be made on the basis of the provision of the Haryana Backward Classes (Reservation in services and admissions in educational institutions) Act 2016 to the castes mentioned in schedule-III i.e. Backward Class Block 'C'. The SBC/BC(C) Category candidates, except those who have availed the benefit of age relaxation, have been considered against general vacancies.

Accordingly, the final selection result was declared vide announcement dated 04.01.2019, Annexure P-10. As aforementioned, the petitioner was considered as a General category candidate and remained unsuccessful. Against sixty advertised posts of EBPGC category, only fourteen candidates could be selected and forty-six posts remained vacant.

2.3. Soon after the final result, another representation dated 09.01.2019, Annexure P-11, was submitted by the petitioner for change of his category from SBC to EBPGC but th