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Since the selection process pertain to the entire State of Haryana, 10 Selection Committees were constituted by the official respondents which were to conduct the selection process at 10 different depots of Haryana Roadways. For the sake of convenience, at some places two depots were clubbed together. The petitioners, however, in these writ petitions questioned the selection which was made in one of such selection centres i.e Sonepat depot.

In the advertisement (Annexure P-1) it was given out that it would be imperative for all the candidates to pass two tests namely dug test and road test and third test called zig zag test was also included and in the eventuality of a candidate qualifying in these three tests, he was to be subjected to an interview. All the petitioners herein qualified the three tests and were called for interview. The interviews were conducted by the said depot from 9.1.2008 to 11.1.2008. The final result regarding selection was declared on 20.6.2008 and 48 persons were declared successful who have been arrayed as private respondents.

"The general practice followed for slotting a driver in the merit list has been on the basis of date of birth whenever there was a tie among two or more candidates;"

It has further been contended by the learned Advocate General that the Selection Committee of Sonepat depot in their wisdom supplied this very list to them and no other list to the contrary is existing.

I have heard learned counsel for the parties and have perused the material on record as also the relevant record pertaining to the selection of Sonepat depot as also few other depots such as Karnal and Chandigarh.

What is interesting to note is that in the depots pertaining to Karnal and Chandigarh as also the few others, the Selection Committee has awarded the grades in their own hand and each page has been signed by them and thus forwarded to the Head Office. In some of the proceedings the total tabulation of the candidates who have received A+, A, B and C grades have also been recorded and to verify further the total number of candidates interviewed have been tallied with the persons who have been granted these grades. This reflects an insight into the mind of the Selection Committee which is conducting the process in a fair and transparent manner. But in so far as Sonepat depot is concerned, no such proceedings are available on record despite the persistence of this Court. Learned Advocate General with vehemence at his command has contended repeatedly that the list sent by the Sonepat depot is a compilation and even if this plea is accepted,the Court wants to know the foundation and the basis from which such compilation is carried out in print. It is not conceivable that the members of the Selection Committee would have prepared this list at the time of conducting the interviews and what transpired during the interview has to find its manifestation in the proceedings which the members would have resorted to ordinarily and prudently.

The writ petition is thus accepted. The impugned selection of the Drivers pertaining to the Sonepat depot is set aside and the respondents- State of Haryana is directed to hold the selection afresh by considering all the 100 candidates who have passed the three tests afresh. After the same is done, the list of the selected candidates shall be sent to the Head Office which shall prepare a fresh selection list of the entire State of Haryana by including the result of the fresh selection of Sonepat depot.