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High Court of Punjab and HaryanaCWP/6180/2022disposed of

Amit Paul v. State Of Haryana And Others

2022-03-25Mr. Justice Arun Monga3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-6180-2022 Date of decision: 25.03.2022 AMIT PAUL

...Petitioner

V/S STATE OF HARYANA AND OTHERS ..Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Ishaan Bhardwaj, Advocate, for the petitioner.

Ms. Kirti Singh, DAG, 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 respondents to allow him to submit his documents for the purpose of scrutiny for selection on the post of storekeeper.

2.

Pursuant to an advertisement dated 20.07.2019 petitioner, being eligible, applied for the post of Storekeeper in General category. He was issued admit card for written examination, which was held on 20.02.2020 and the result thereof was uploaded on the website after passing of almost two years i.e. on 08.02.2022. Grievance of the petitioner is that he was not been informed about the date for uploading the documents for scrutiny. He pleads that when it came to his knowledge, he approached respondent No.3, but he was verbally informed by the officials from office of respondent No.3 that they cannot accept his documents unless he has an order of Court in his favour, like the other candidates who have been permitted to do so. He was further informed that respondent No.3 is going to scrutinise the documents of the similarly

situated candidates on 25.03.2022, who have obtained the order from this Court. Learned counsel submits that qua the aforesaid grievance, the petitioner also submitted a representation dated 22.03.2022 (Annexure P6) but to no avail. Hence, the instant petition. 3.

Learned counsel for the petitioner relies the order passed by this Court in CWP No.24836-2018 decided on 20.09.2021 titled as "Dinesh Rathor vs State of Haryana and others" contained at Annexure P-10.

4.

On advance service, learned State counsel joins proceedings and submits that the competent authority shall take decision either way, on the pending representation dated 22.03.2022 (Annexure P-6) of the petitioner, in due course.

5.

Learned counsel for the petitioner also agrees that let a final decision be taken, by the competent authority on his pending representation.

6.

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.

7.

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 as per representation dated 22.03.2022 (Annexure P-6) and also by keeping in view the contentions raised in the present petition by treating the same as representation and take a decision, by keeping in mind the final order dated 20.09.2021 passed in CWP24836-2018 (Annexure P-10), relied upon by learned counsel for the petitioner stating that the case of the petitioner is squarely covered by the

same. Needful be done in accordance with law, within a period of 30 days.

8.

Disposed of accordingly.

9.

Meanwhile, till the passing of the orders as aforesaid, the petitioner shall be allowed to provisionally participate in the selection process by submitting his requisite documents either online or offline, depending upon the discretion of the respondents. 25.03.2022 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No