High Court quashes screening test result for PGT maths

Saurabh Malik

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Chandigarh, January 8

The Punjab and Haryana High Court today quashed conditions in the scheme/pattern of examination for filling up the posts of PGT-mathematics to the extent that it stipulated calling candidates category-wise for the next selection stage. The Bench also quashed the result of screening test dated October 6, 2023.

Justice Tribhuvan Dahiya also directed the State of Haryana and other respondents to revise the screening test result before proceeding with the selection process for the advertised posts in accordance with law without categorising the candidates till the drawing of the final merit list.

Justice Dahiya asserted there was no justification to categorise the candidates for short-listing purposes and during the selection process, as it compromised on the merit and was against the rule of migration in reservation.

Justice Dahiya added categorising a candidate, resulting in his ouster from the selection process before the drawing of the final merit, would deprive him of consideration against open/un-reserved posts on merit. This would fly in the face of reservation rule and could not be permitted.

The ruling came as Justice Dahiya noted that a candidate could not be selected for the subject knowledge test, whereas general category candidates with lesser marks were selected as the screening test result was declared category-wise — by categorising the candidates on the basis of the reserved categories they belonged to and confining them within the same to determine eligibility for the test.

Referring to the Supreme Court, Justice Dahiya asserted: “It has been clearly laid down that social reservations are based on merit, and these are not rigid communal slots. Merit of a reserved category candidate will have to be recognised and in case he/she is entitled to an un-reserved post, it cannot be denied. Accordingly, migration from the reserved category to un-reserved/open posts is allowed based on meritorious performance of the candidates.”

Justice Dahiya added categorisation of candidates on the basis of their reserved categories during the selection was bad in law. A meritorious reserved category candidate was to be allowed to migrate to an open/unreserved post. As such, his/her merit for was required to be judged on an equal footing by open competition amongst all the candidates without any categorisation.

In case the candidates were to be categorised and judged within their reserved categories, they would be subjected to a restrictive competition, “which was not the same as the unreserved candidates would be subjected to”. Such limited competition might or might not be as tough as the open competition, but the two could not be termed equal.

Compromises merit

There is no justification to categorise the candidates for short-listing for the process of selection as, firstly, it compromises merit and, secondly, it goes against the rule of migration in reservation. — Justice Tribhuvan Dahiya