Sanjay Kumar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-4180-2022 (O&M) Date of decision: 03.03.2022 Sanjay Kumar

...Petitioner

V/S State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Karan Singh, Advocate, for the petitioner.

Mr. Sharan Sethi, Additional A.G., Haryana.

(Presence marked through Video Conference) ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondent-Commission not to cancel his candidature for the post of group 'D' for want of Sports Gradation Certificate. 2.

Learned counsel for the petitioner submits that the petitioner was called for selection and appointment on the post of Group 'D' and he was required to appear for documents verification/sports certificate on 03.03.2022. He submitted an application dated 12.02.2022 (Annexure P-12) before the Sports Department for issuance of gradation certificate, but to no avail. Hence, the instant petition.

3.

On advance service, learned State counsel joins proceedings and opposes issuance of notice of motion and submits that competent authority shall take decision either way, by treating the writ petition as his representation, in due course.

4.

Learned counsel for the petitioner also agrees that let a final decision be taken, by the competent authority by treating the instant writ petition as his representation.

VANDANA 2022.03.03 21:23 I attest to the accuracy and authenticity of this document

5.

Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.

6.

Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioner and also contentions raised in the present petition by treating the same as representation and take a decision, in accordance with law. Since application 12.02.2022 (Annexure P-12) for issuance of Sports Gradation Certificate is already pending for a considerable time, needful be done within a period of 30 days from today.

7.

Until the decision on the application, the candidature of the petitioner shall not be cancelled on the ground that he has not produced the certificate. However, it is made clear that in case favourable certificate is not issued to the petitioner, respondent shall be at liberty to proceed in accordance with law without seeking leave of the Court.

8.

Disposed of accordingly.

03.03.2022 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2022.03.03 21:23 I attest to the accuracy and authenticity of this document