Gulchaman vs State Of Ut Chd And Anr
2023 Latest Caselaw 14142 P&H

                                                      Neutral Citation No:=2023:PHHC:112004-DB




        IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                       CHANDIGARH

(112)                                Neutral Citation No.2023:PHHC:112004-DB

                                                  LPA-1187-2023 (O&M)
                                                  Decided on : 25.08.2023

Gulchaman
                                                                 ......Appellant (s)

                                        Versus

State of U.T. Chandigarh and another
                                                           ......Respondent(s)


CORAM : HON'BLE MR.JUSTICE G.S. SANDHAWALIA
        HON'BLE MS.JUSTICE HARPREET KAUR JEEWAN


Present:-    Mr. Gaurav Datta, Advocate for the appellant (s).

             Mr. Arav Gupta, Advocate for respondent No.1-U.T.

             Mr. Sourabh Goel, Advocate and
             Ms. Shivani Sahni, Advocate for respondent No.2.

                *****
G.S. Sandhawalia, J.

Challenge in the present Letters Patent Appeal is the

judgment passed in CWP-11620-2023 filed by the appellant which was

dismissed on 28.07.2023 by the learned Single Judge. Another writ

petition bearing CWP-11639-2023 'Shikha Shukla and others Vs. State

of U.T. Chandigarh and another' was also dismissed vide the impugned

judgment. However, the appeal apparently has not been filed in the said

case till now.

2. Consideration in the writ petition was to the requirement of

the computer based test in the recruitment process to the post of

Stenographer Grade-III vide Employment Notice No.33S/SSSC/CHD/

2023 dated 05.05.2023 (Annexure P-1) issued by this Court through the

Society for Centralized Recruitment of Staff in Subordinate Courts (SSSC)

1 of 9

Neutral Citation No:=2023:PHHC:112004-DB

Neutral Citation No. 2023:PHHC:112004-DB LPA-1187-2023 (O&M)

which was repelled by the learned Single Judge vide a detailed judgment.

The reasoning which weighed with the learned Single Judge was that the

procedure which was being adopted was a short-listing procedure as the

number of candidates are much larger as compared to the advertised posts

and even after short-listing the number of candidates equivalent to fifteen

times the advertised posts in order of merit, large number of candidates

would fall in the zone of consideration for being appointed to the post.

Reliance was placed upon the judgment of the Apex Court passed in B.

Ramakichenin @ Balagandhi Vs. Union of India and others, 2008(1)

SCC 362 and M.P. Public Service Commission Vs. Navnit Kumar

Potdar and another, 1994(6) SCC 293 in support of the said reasoning.

The learned Single Judge came to the conclusion that there was no attempt

to change the statutory criteria by an administrative decision and that it

was not possible for the authority to interview all the candidates while

place reliance upon the judgment passed in 'Tata Cellular Vs. Union of

India, (1994) 6 SCC 293 that the Court should observe the principle of

restraint in interfering with administrative decisions. Reliance was placed

upon the factual aspect that similar procedure was applied to across the

country in the Hon'ble Supreme Court and all the other High Courts for

similar recruitment process.

3. The factum that 2092 applications have been received against

the 7 posts of Stenographer Grade-III and only 26 persons had challenged

the criteria being aggrieved was another aspect which weighed with the

learned Single Judge. It was also noticed that as per the advertisement

there was clause 7 which provided that the mode of criteria for selection

was to be final and binding on all the applicants which was a decision Page No.2

2 of 9

Neutral Citation No:=2023:PHHC:112004-DB

Neutral Citation No. 2023:PHHC:112004-DB LPA-1187-2023 (O&M)

taken by the Central Recruitment Committee and, thus, the short-listing

had to be done on the criteria fixed. The clause provided that no inquiry or

correspondence is to be entertained regarding the same and in the absence

of the challenge to the same having been raised to the said clause, the

petitioners were not liable to succeed. The learned Single Judge also went

on to record that for the post in question the candidates are required to

have a reasonable understanding of English language and general

awareness and, therefore, the criteria of having the computer based test

which would contain objective type multiple choice questions based on

English Composition and General Knowledge has a reasonable nexus to

the objective sought to be achieved. The respondents after having a pool of

15 times the number of vacancies which would come to 105 against the 7

advertised posts which would be a sufficient number who would then be

required to pass the English Shorthand Test at a speed of 80 words per

minute and also the transcription at a speed of 20 words per minute as per

the statutory requirement. The recruiting authority being the best judge to

lay down a procedure for short-listing and there would be a limited scope

of judicial review in such matters and the Writ Court to not act as a Court

of appeal over administrative decisions, when the action of the respondent

authorities was neither irrational nor arbitrary, was another ground which

weighed with the learned Single Judge while dismissing the writ petitions.

4. Counsel for the appellant has tried to convince us to the

contrary unsuccessfully while referring to the Rule 7 (vi) of the

Chandigarh Union Territory Subordinate Courts Establishment

(Recruitment and General Conditions of Services) Rules, 1997 which

provides the mode of selection to the post of Stenographer Grade-III, to Page No.3

3 of 9

Neutral Citation No:=2023:PHHC:112004-DB

Neutral Citation No. 2023:PHHC:112004-DB LPA-1187-2023 (O&M)

contend that the amendment in the said rules had to be done under Article

309 of the Constitution of India and the advertisement could not have been

issued. The same was in direct conflict as it has provided different criteria

for selection. The rule in question reads as under:-

"7 (vi)Stenographer Grade III (English).- Appointment to the post of Stenographer Grade III shall be made by direct recruitment from:

Candidates who possess a degree of Bachelor of Arts or Bachelor of Science or equivalent thereto from a recognized university and pass a test at a speed of 80 W.P.M. in English Shorthand and 20 W.P .M. in Transcription of the same and have proficiency in computers (Word Processing and Spread Sheets ). The select list so prepared on the basis of merit shall remain in force for one year from the date of declaration of result."

5. The advertisement dated 05.05.2023 (Annexure P-1) had

been issued for filling up of 7 vacancies of Stenographer Grade-III on

behalf of the District & Sessions Judge in the State of U.T. Chandigarh, by

way of direct recruitment. Under Clause 2 of the advertisement, the

qualifications were duly laid down as per the statutory rules which are

prescribed as a Bachelor of Arts or Bachelor of Science or equivalent

thereto from a recognized university and having computer proficiency in

computers (word processing and spread sheets). The special instruction

provided that the decision of the Central Recruitment Committee would

prevail regarding the criteria for selection and short-listing of the

candidates which could be done at any stage on the basis of prescribed

criteria. The mode of selection referred to the computer based test of 60

marks comprising of 60 objective type multiple choice questions, which

were to be from English Composition and General Knowledge and was to Page No.4

4 of 9

Neutral Citation No:=2023:PHHC:112004-DB

Neutral Citation No. 2023:PHHC:112004-DB LPA-1187-2023 (O&M)

carry one mark each without any negative marking in the test which was

of one hour duration. It was further provided that candidates equivalent to

15 times the number of advertised vacancies in order of merit would be

shortlisted for English Shorthand and Spreadsheet Test, which was to be

done as per the statutory rules as reproduced above. It was also clarified

that the marks obtained in the computer test were not to be counted for

determining the final merit and it was only for the purpose of short-listing.

The relevant clauses read as under:-

"2. QUALIFICATION:-

The applicant should possess a degree of Bachelor of Arts or Bachelor of Science or equivalent thereto from a recognized university and have proficiency in Computers and Spread Sheets (Word processing and Spread Sheets). The applicant should fulfill the condition of qualification on the last date of receipt of application i.e., 27.05.2023 (last date of online Registration).

7.SPECIAL INSTRUCTIONS:-

The decision of the Hon'ble Central Recruitment Committee in all matters relating to acceptance or rejection of an application, eligibility/suitability of the applicants, mode/criteria for selection etc. shall be final and binding on the applicants. The Hon'ble Central Recruitment Committee may shortlist the candidates at any stage of the recruitment process on the basis of some criteria. No inquiry or correspondence shall be entertained in this regard. xxxxxxxxxxxxxxxxxx

10.DATE OF EXAMINATION:-

The Computer Based Test is likely to be conducted in the month of July/August, 2023. The exact date will be notified on the official website of S.S.S.C. (www.sssc.gov.in) and candidates are advised to regularly visit the website. However, the month of examination may be changed as per administrative exigencies.

Page No.5

5 of 9

Neutral Citation No:=2023:PHHC:112004-DB

Neutral Citation No. 2023:PHHC:112004-DB LPA-1187-2023 (O&M)

11.MODE OF SELECTION:-

The Candidate shall have to take Computer Based Test of 60 marks, comprising of 60 objective type multiple choice questions on English Composition and General Knowledge. Each question will carry 1 mark with no negative marking and test will be of 1 hour duration. The merit of Computer Based Test shall be prepared on the basis of normalized marks (refer to page No. 5 for details on normalization of marks) in case the said test is held in multiple shifts and candidates equivalent to fifteen times of the advertised vacancies (in order of merit) would be shortlisted for English Shorthand and Spreadsheet Tests. If two or more candidates are having equal marks to the last shortlisted candidate called for English Shorthand and Spreadsheet Tests, then all such candidates will also be called for English Shorthand and Spreadsheet Tests. It is clarified that mere participation in Computer Based Test will not give any right to the candidate to participate in English Shorthand and Spreadsheet Tests. Further, it is clarified that the marks obtained by a candidate in Computer Based Test will not be counted in determining the final merit."

6. The respondent No.2-SSSC in its written statement has

justified the short-listing process by holding out that there is clear rational

and objective criteria to shortlist the candidates while placing reliance

upon various judgments and also hold out that candidates should have

good command over the English language to work on the same post and

therefore, the purpose of short-listing in the form of computer based test

for the 60 multiple choice questions in English Composition and General

Knowledge was a criteria which was applicable to one and all. It was also

rightly justified that to put a large number of candidates through the rigors

of dictation and typing as well as Spreadsheet tests would be a

cumbersome process as it involves giving proper dictation of a passage to

Page No.6

6 of 9

Neutral Citation No:=2023:PHHC:112004-DB

Neutral Citation No. 2023:PHHC:112004-DB LPA-1187-2023 (O&M)

candidates with proper pronunciation involving several dictations and

dictators having similar pronunciation ability, ensuring same difficulty

level of recited passage and the same would consume a considerable time

in completing the process and, therefore, the criteria of short-listing was

rational and objective. The domain of the employer to have a shorthand

test was stressed upon and violation could not be found by prescribing the

said criteria.

7. The argument raised as such that the statutory rule has been

violated is without any basis. Clause 2 would go on to show that

specifically the qualification has been mentioned which is in consonance

with the rules which has been reproduced above and the proficiency in

computer word processing and spreadsheet has been mentioned. The same

would be a necessary criteria as and when the candidates complete their

screening test. It is pertinent to notice that against the 7 vacancies as many

as 2092 applications have been received and, therefore, the screening test

has been prescribed and it cannot be said that it was done subsequently.

The rules of the game had been laid down before the game had started at

the time of issuance of advertisement. The criteria is applicable to one and

all and, therefore, the claim that better persons having qualifications as per

the rules would be left out on account of the fact that stress has made upon

the computer based test is without any basis.

8. The purpose as such is to select the best persons who have the

necessary speed in English shorthand as per the statutory recruitment

rules. In order to achieve the merit the computer based test as prescribed

by the authority of English Composition and General Knowledge would

be necessary for the candidates who have applied for the post of Page No.7

7 of 9

Neutral Citation No:=2023:PHHC:112004-DB

Neutral Citation No. 2023:PHHC:112004-DB LPA-1187-2023 (O&M)

Stenographer Grade-III and the proficiency in the English shorthand test

would be tested subsequently. But keeping in view the nature of job as

such of the candidates proficiency in English language would be an

essential feature for them to pick up the shorthand in the said language.

The criteria thus only seeks to achieve the purpose of the rule and no

violation as such can be found in prescribing the said criteria as the Clause

11 of the advertisement also specifies that the merit is not to be determined

by counting marks in the computer based test and eventually the statutory

rules would prevail. The learned Single Judge had already cited various

relevant judgments of the Apex Court and, therefore, we do not wish to

add to the case law on the said issue.

9. The argument that there was violation of Article 309 of the

Constitution of India and statutory rules are not adhered to is without any

basis in view of the above discussion and the fact that it is only a screening

test to be conducted to sort the wheat from chaff. The criteria adopted as

such cannot be said to be arbitrary or irrational in any manner. It is for the

employer as such to adopt a criteria or parameter as how to make it

practical to shortlist the candidates, keeping in view the large number of

applications which have been received, even though there may be no

mention of short-listing in the statutory rules. The argument raised that

people with better talent who fulfill the statutory requirements would be

left out is without any basis. The short-listing criteria is applicable to one

and all and the relevance as such of prescribing the computer based test

with the syllabus of English Composition and General Knowledge cannot

be said alien to the purpose of selection of English Stenographer Grade-

III. Therefore, in our considered opinion the learned Single Judge has Page No.8

8 of 9

Neutral Citation No:=2023:PHHC:112004-DB

Neutral Citation No. 2023:PHHC:112004-DB LPA-1187-2023 (O&M)

rightly come to the conclusion that it was not to sit as a Court of appeal

over the administrative decisions of the Centralized Recruitment

Committee as the said test would have a reasonable nexus to the objectives

sought to be achieved, which was necessarily to cut out the persons who

did not have the proficiency in the subject of English and for General

Knowledge, which would be essential for the post in question of

Stenographer Grade-III.

9. Resultantly, we do not find any ground to interfere in the well

reasoned order of the learned Single Judge and the appeal is, accordingly,

dismissed.

                                                (G.S. SANDHAWALIA)
                                                        JUDGE



                                         (HARPREET KAUR JEEWAN)
25.08.2023                                        JUDGE
 Naveen




             Whether speaking/reasoned :            Yes
             Whether Reportable :                               No




                                 Page No.9
                                                   Neutral Citation No:=2023:PHHC:112004-DB

                                9 of 9