Pawan Kumar v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 8408 of 2022 Date of Decision: 11.05.2022 Pawan Kumar

...Petitioner

Versus

State of Haryana and another

...Respondents

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

Mr. Sunny Tyagi, Advocate, for the petitioner.

Mr. Pankaj Middha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks quashing of impugned result dated 21.03.2022 (Annexure P-4) qua SC category, alleging that as the same is illegal and arbitrary. Further prayer has been made to consider the candidature of petitioner for the post of Assistant Manager (IA) as he has scored 57 marks whereas the cut off marks of the last selected candidate is 53, as per impugned final result. 2.

Petitioner appeared in written examination on 26.12.2021, result of which was declared on 11.01.2022. He scored 52 marks and was called for scrutiny of documents on 27.01.2022. Thereafter, final result was declared on 21.03.2022 wherein name of the petitioner did not figure. 3.

As per self assessment, the petitioner has scored 57 marks (52 marks in written examination and 5 marks for socio economic criteria), but his candidature has been rejected.

SHALINI BHATIA 2022.05.13 15:19 I attest to the accuracy and authenticity of this document.

4.

Learned counsel argues that cut off marks of the last selected candidate in the category in which the petitioner applied are 53, which are lesser than the petitioner.

5.

In the premise, petitioner also submitted a representation dated 01.04.2022 (Annexure P-5) but the same has not been adverted till date. Hence, the petition.

6.

On advance service, learned State counsel appears and submits that a decision will be taken by competent authority, either way, on the pending representation dated 01.04.2022 (Annexure P-5) bypassing a speaking order.

7.

At this stage, learned counsel for the petitioner also seeks decision on the pending representation as suggested by learned State counsel.

8.

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.

9.

Without commenting on the merits of the case, the instantwrit petition is disposed of with a direction to the respondents to look into the representation dated 01.04.2022 (Annexure P-5) of the petitioner and pass an administrative order, in accordance with law. 10.

Let the needful be done as expeditiously as possible. 11.

Disposed of.

MAY 11, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.05.13 15:19 I attest to the accuracy and authenticity of this document.