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Legal: Recruitment & Passing Marks (English)
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Being aggrieved by the judgment and order dated 22.08.2008 passed by the Division Bench of the High Court, the present appeals have been preferred by the appellants herein. While issuing notice on 13.10.2008, this Court passed an interim order holding and observing that the appointment of Computer Instructors pursuant to the orders passed by the High Court allowing the State Government to proceed with the process of appointment of Computer Instructors would be subject to the result of the appeals. The effect of the aforesaid order was that there was no bar on the part of the State Government to proceed and continue with the appointment process of such Computer Instructors, but would be subject to further orders of this Court. Consequently, the State Government announced the date of the Special Recruitment Test that is on 12.10.2008. The said test was held on the said notified date and the result of the examination was also published. A list of the candidates, who appeared and succeeded in the said test, was also published. It transpires from the records placed before us that a total of 1714 candidates appeared in the Special Recruitment Test in terms of the criteria laid down by the Selection Board. The minimum qualifying marks for the posts of Computer Instructors was fixed as 50% that is 75 marks out of total 150 marks. The said qualifying criteria was laid down in the meeting held on 10.10.2006 wherein representatives of the Government were also present. On the night of 12.10.2008, the respondent No. 3 published the list of provisionally selected candidates for appointment to the post of Computer Instructors based on the Special Recruitment Test on the Internet. While publishing the said marks of the candidates, it was made clear that all candidates, who have secured 35% marks in the Special Recruitment Test would be called for Certificate Verification. It is thus established that the State Government reduced the minimum qualifying marks for the post of Computer Instructors to 35% which is contrary to an earlier decision taken in a meeting held on 10.10.2006 that the minimum qualifying marks for filling up the posts of Computer Instructors would be 50% that is 75 marks out of total 150 marks. It is thus established that the Government changed the rules of recruitment and terms and conditions of appointment in the mid-way after the selection process was initiated. The said decision was taken on Sunday that is on 12.10.2008, after the candidates had taken their exams. It also transpires from the record that out of 1686 candidates only 857 candidates had in fact secured 50% marks that is 75 marks out of 150 marks whereas 829 candidates secured 10 marks between 35% and 50% that is less than 75 marks out of 150 marks. It is also indicated from the said result published that out of 1714 candidates, who had taken the Special Recruitment Test it is 1686 candidates who were found to have secured more than 35% marks, and they were provisionally selected for certificate verification.
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