Court orders inclusion of candidate in list of selected candidates, maintains seniority.

The Court found that the Public Service Commission's failure to provide the Government with the complete list of qualified candidates resulted in the exclusion of deserving candidates like Miss Neelima Shangla. As a remedy, the Court directed the Government to include her in the list of selected candidates and maintain her seniority as a Subordinate Judge in the Haryana Civil Service (Judicial) Branch. The Court also awarded costs to the petitioner. While a few more candidates were also entitled to inclusion, the Court refrained from issuing a general order to avoid disruption to subsequent selections.

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Issues involved:
The issue involves the selection process for the Haryana Civil Service (Judicial) Branch, specifically regarding the selection of candidates based on merit and adherence to the rules governing the appointment process.

Judgment Summary:

Qualifications and Selection Process:
Miss Neelima Shangla, a candidate for the Haryana Civil Service (Judicial) Branch, had an outstanding academic record and participated in various extracurricular activities. She appeared for the competitive test and secured qualifying marks. The rules stipulated that candidates must obtain at least 55% aggregate marks to qualify for appointment, with merit determined strictly by marks obtained. The Public Service Commission was responsible for conducting the written and Viva-Voce tests, publishing the results in the Gazette, and providing a list of qualified candidates to the Government for selection.

Duty of Public Service Commission and Government:
The Public Service Commission's role was limited to conducting tests and arranging candidates in order of merit. The Government was then required to select candidates strictly based on the Commission's list. The Government and High Court could decide not to fill all vacancies, but any restriction on the number of appointments required a valid reason and conscious decision-making.

Violation of Rules and Entitlement of Candidates:
In this case, the Public Service Commission failed to communicate the full list of qualified candidates to the Government, leading to the exclusion of deserving candidates like Miss Neelima Shangla. The Court held that she was entitled to be selected and appointed as a Subordinate Judge, directing the Government to include her name in the list of selected candidates and maintain her seniority. The Court also awarded costs to the petitioner.

Additional Candidates and Disposition:
While a few more candidates were found entitled to inclusion in the select list, the Court refrained from making a general order due to the elapsed time and potential disruption to subsequent selections. Candidates who had not challenged the selection earlier were barred from doing so in the future due to delay.

In conclusion, the petition was allowed, and Miss Neelima Shangla was granted the rightful selection as a Subordinate Judge in the Haryana Civil Service (Judicial) Branch.

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