Parkash Kaur v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP NO. 3264 OF 2021 DATE OF DECISION : 12.02.2021 Parkash Kaur

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Rakesh Nagpal, Advocate, for the petitioner.

Ms. Mamta Talwar, DAG, Haryana.

(Presence marked through video conferencing). ARUN MONGA, J. (ORAL) Petitioner is aggrieved qua inaction of respondents for not sending her name for being honoured with State Award for the year 2020-21 as a Head Teacher, Elementary School in Category B as per State Policy 2020 contained at Annexure P-1. 2.

Learned counsel for the petitioner contends that on her self assessment, petitioner has secured 80 out of 100 marks against eligibility requirement of 60 marks. Case of the petitioner falls under Category B as per revised Guidelines/Policy for State Award for the year 2020-21 (Annexure P-1). 3.

Notice of motion.

4.

Ms. Mamta Talwar, DAG, Haryana, on service of advance copy of the petition, joins and accepts notice on behalf of State of Haryana and submits that the names of eligible teaching faculty were forwarded by a duly constituted committee and the petitioner cannot claim recommendation of her case for according State award as a matter of right.

5.

I have heard learned counsel for the parties and have gone through the case file.

SHALINI BHATIA 2021.02.23 17:48 I attest to the accuracy and integrity of this document

6.

In my opinion, in absence of any malafide or otherwise, no mandamus can be issued to the respondents to recommend the name of the petitioner for conferring State Award. Such conferment cannot be claimed as a matter of right. As pointed out by learned State counsel, the names of eligible persons were considered by the Committee and if the petitioner is having any grievance she can approach the competent authority for mitigation of her grievance. Concededly, representation dated 22.01.2021(Annexure P-11) filed by the petitioner seeking recommendation of her name for conferring State Award is pending with the competent authority. This Court expects that the same be decided expeditiously, preferably, within three months. 7.

In view of the above, no grounds for further indulgence by this Court are made out. Dismissed with liberty to the petitioner to pursue her cause before the Administrative Authority.

FEBRUARY 12, 2021 (ARUN MONGA) Shalini/ Jiten JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2021.02.23 17:48 I attest to the accuracy and integrity of this document