Jagdeep v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-9151-2020 (O&M) Date of decision: May 12, 2022 Jagdeep ....Petitioner versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. B.S. Mittal, Advocate for the petitioner. Mr. R.K.S. Brar, Additional Advocate General, Haryana. ***** ARUN MONGA, J. (ORAL) Petition herein, inter alia, is for issuance of a writ in the nature of Mandamus directing respondents No.2 and 3 to allow the petitioner to join on the post of Fieldman (Group-D) under ESP-SC Category in sports quota in view of letter dated 29.05.2020 (Annexure P-15) issued by respondent No.1 as the petitioner has already obtained Sports Gradation Certificate (Annexure P-10) from respondent No.4 and submitted his joining to respondent No.3. 2.

Pursuant to advertisement No.4/2018 dated 25.08.2018, petitioner had applied for the post of Fieldman under ESP-SC Category. At the time of submitting application, he had also annexed the Sports Achievement/ Merit Certificates for claiming Sports quota. Final result for selection was Declared on 21.01.2019 and on 23.01.2019, petitioner was allocated Agriculture and Farmers Welfare Department on the post of Fieldman (Group-D). When he approached the concerned Department, he was not allowed to join on the ground that his Sports Gradation Certificate has not been issued as per Govt. MAHAVIR SINGH 2022.05.13 09:17 I attest to the accuracy and authenticity of this Judicial Record/ Decree/ Document, which is scanned copy of the original\

instructions. He approached respondent No.3 for grant of Sports Gradation Certificate, but same was not issued. He also submitted a representation qua the same. Finally on 12.02.2020, respondent No.4 issued Sports Gradation Certificate (Annexure P-10) to the petitioner in the sports discipline of Karate. Once again, petitioner approached the concerned Department, but yet he was not allowed to join.

3.

Heard.

4.

The only hurdle that seems to be cause of denying the claim of the petitioner is that in the Sports Gradation Certificate dated 12.02.2020 (Annexure P-10), there is typographical error in spelling the word "Youth" inasmuch as same has inadvertently been spelled as "Yourh". Trite it is that Change in the spelling of "Youth" to "Yourh" would not amount to change in the achievements of the petitioner as per his level of participation in the sport of "Karate"qua which his certificate is otherwise found to be genuine. 5.

In the premise, writ petition is allowed. Respondents are directed to process the case of the petitioner as per achievements of the petitioner in the relevant sport and accord him benefit of appointment in terms of the applicable policy, subject of course to the verification of the genuineness of his sports achievement. Needful exercise be done within a period of 2 months from today.

(ARUN MONGA) JUDGE May 12, 2022 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2022.05.13 09:17 I attest to the accuracy and authenticity of this Judicial Record/ Decree/ Document, which is scanned copy of the original\