IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No.1891 of 2010 Date of decision: 11.3.2010 Ajay Yadav. -----Petitioner. Vs. The State of Haryana and another. -----Respondents CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE ALOK SINGH Present:- Mr. Ravi Verma, Advocate for the petitioner. Ms. Ritu Bahri, Sr. DAG, Haryana. --- ORDER: 1. This petition seeks quashing of requirement of securing 40% individual marks in the departmental examination under the Haryana Elections Department (Group ‘C’) Service Rules, 1999. 2. The petitioner is working as Clerk in the Election Department since 1996. Under the Rules, there is provision for promotion to the post of Election Kanungos. 80% posts are filled up through direct recruitment and 20% by promotion, after passing the departmental examination. The petitioner appeared CWP No.1891 of 2010 in the departmental examination but could not secure the requisite marks. 3. Learned counsel for the petitioner submits that the requirement of obtaining 40% individual pass marks was discriminatory as no departmental examination is required to be held for direct recruites. 4. We do not find any merit in this contention. Direct recruites constitute a separate class. For departmental promotions, different but rational criteria can always be adopted. Requirement of individual pass marks cannot be held to be irrational or arbitrary. 5. We, thus, do not find any ground to interfere with the requirement of 40% marks in individual papers for passing the departmental examination. 6. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE March 11, 2010 ( ALOK SINGH ) ashwani JUDGE 2