Savita v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Item No.120 CWP-10376-2022 (O&M) Date of decision: May 23, 2022 Savita

...Petitioner

Versus

State of Haryana and Others

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Arvinder Arora, Advocate for the petitioner.

Mr. Pankaj Middha, Addl.A.G, Haryana.

***** ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus for directing the official respondent No.2 to consider candidature of the petitioner for the post of Staff Nurse in the Backward Class "B" (BC-A) category, instead of BC-A and also seeking directions to the respondents to modify the final result (Annexure P-10) uploaded on 10.04.2022 on the official website accordingly. 2.

Having heard the competing arguments, I am of the view that it is settled position of law that category cannot be permitted to be changed especially after declaration of the result. On a Court query, learned State Counsel on instructions from Mr. DikanshGoel, Legal Assistant, Haryana Staff Selection Commission submits that concededly, the candidature of the petitioner has not been rejected in Class "A" (BC-A) Category. In the premise, I see no reason why she will not be given the benefit according to her performance and merit in BC-A category and her case be not processed accordingly. 3.

Resultantly, writ petition is disposed of with the direction to the official respondents that, in case they consider the petitioner eligible ASHISH 2022.05.24 17:40 I attest to the accuracy and integrity of this document

CWP-10376-2022 (O&M) -2in the category she had applied i.e., Class "A" (BC-A) Category, though she claims that she had inadvertently applied in that category, then benefit of selection in result be granted to her subject to her merit in the written examination and process her case in the category she originally applied and the result be modified accordingly. 4.

Qua other grievance of the petitioner vis-à-vis her candidature not being considered under Sports quota (same being horizontal reservation), she is at liberty to make representation which will be considered in accordance with law.

5.

Since the main case has been decided, pending civil miscellaneous applications, if any, also stand disposed of. (ARUN MONGA) JUDGE May 23, 2022 ashish Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHISH 2022.05.24 17:40 I attest to the accuracy and integrity of this document