CWP No. 18890 of 2009 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CWP No. 18890 of 2009 Date of Decision : 10.12.2009 Gurmeet Singh & another .......... Petitioners Versus Punjab University, Patiala & another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. D.S. Patwalia, Advocate for the petitioner. **** VINOD K. SHARMA, J. (ORAL) The petitioners seek a writ of mandamus directing the respondents, to re-tabulate the written test/ result of the petitioners, for the post of Clerk on the basis of the eligibility and qualification, as prescribed by the University as attached along with the application form, by treating the pass percentage in the written test as 30% of the aggregate i.e. the entire test and not to take the it as 30% in each part of the test. The respondent- University advertised the posts of Clerk vide Annexure P-1. The process of selection was by way of written test and interview. The criterion for recruitment was as under:- “A) For recruitment, merit will be determined on the basis of 100 marks out of which 75 marks will be for written test, 10 marks will be for experience and 15 marks will be for interview. One hour written test of the candidate will be conducted which will be of objective type and in which the marks will be as per follows:- CWP No. 18890 of 2009 2 A) Punjabi 15 marks B) English 15 marks C) Mathematics 15 marks D) General knowledge 15 marks E) Office practice 15 marks Total Marks 75 marks For recruitment, written test will be held on 25.10.2009 (Sunday) and for which the information regarding time, place and other conditions will be sent along with the roll number slip. B) Apart from this, 10 marks will be for the experience with regard to the work being done in Government/Semi Government/Private Institutions/ Government Aided schools and Colleges/ working in banks on salaries posts on whole time basis ( two marks for each year and maximum 10 marks). 15 marks will be for interview. C) Regarding Tests and Interview: For selection of the candidates for the post of Clerk and Clerk (Computer Data Entry), common test will be held. The test of Punjabi and Mathematics will be of matric level, General Knowledge will be of graduate level and the test of English will be of 10+2 level. For qualifying the test, candidate belonging to Scheduled caste category will have to secure 25% marks and 30% marks for the remaining category of candidates. For the written examination, one question will consist of ne mark and for wrong answer, 0.25 marks will be deducted. Those candidates who will pass the written test CWP No. 18890 of 2009 3 for the post of Clerk, their Punjabi and English Computer test will be conducted in which they will have to pass the Punjabi and English speed in Computer Data Entry of speed of 6000 depressions per hour.” The petitioners were declared as unqualified. The learned counsel for the petitioners contends that the authorities below wrongly took the criteria of 30% marks in each of the subject, though it was to be of the total marks obtained in all the subjects. The contention of the learned counsel for the petitioners is that it was to be aggregate and not in the each individual subject. There is no force in the contention raised by the learned counsel for the petitioners. The very purpose for giving separate marks for each subject stipulated the person was required to pass each of the subject and not in aggregate, as contended by the learned counsel for the petitioners. The criteria adopted for filling up of posts cannot be said to be contrary to the advertisements nor the tabulation of result can be said to be against the instructions issued for holding of written test. No merit. Dismissed. 10.12.2009 ( VINOD K. SHARMA ) 'sp' JUDGE