Amit v. Haryana Staff Selection Commission And ANR

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Date of Decision: 21.05.2025 Amit ...Appellant

Versus

Haryana Staff Selection Commission and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA Present:- Mr. Balraj Singh Rathee, Advocate for the appellant.

Mr. Pankaj Middha, Addl. A.G., Haryana for respondent No.1.

Ms. Mansi, Advocate for Mr. Padankant Dwivedi, Advocate for respondent No.2.

***** SANJEEV PRAKASH SHARMA, J.(Oral) CM No.4724-LPA of 2024 Learned counsel for the appellant does not want to press this application and wants to withdraw the same.

The present application is dismissed as withdrawn. LPA No.1064 of 2024 1.

Learned counsel for the appellant submits that the appellant has done Bachelor of Commerce from Maharashi Dayanand University, Rohtak with vocational course in Information Technology and Computer Aid Drafting and Advance Topics. He submits that similar course was done

-2by another writ-petitioner Ankit Malik from Kurukshetra University and he has been considered for appointment by the respondents in terms of the directions of learned Single Judge while the appellant was held ineligible in absence of detailed mark-sheets establishing that he did his B.Com with vocational course. Learned counsel further submits that the requirement of detailed mark-sheets was not there before the authorities but his detailed mark-sheets were not produced in the writ-petition as he was petitioner No.2. In the review-application, the appellant placed his detailed marksheets before learned Single Judge but the same was dismissed. 2.

We find that a joint writ-petition was filed by Ankit Malik and Amit wherein detailed mark-sheets of Ankit Malik were produced and therefore, a direction has been issued by learned Single Judge in the following terms:- "Disposed of.

Qua petitioner No.1-Ankit Malik, Respondents are directed to reconsider the qualification of petitioner by obtaining an expert opinion (Registrar, MDU as has been done in CWP No.13609 of 2020) with regard to equivalence of subjects studied by him in B.Com (vocation course) with six months course in computer within a period of two weeks from receipt of certified copy of this order and if found eligible and meritorious, his name be recommended for appointment to the post Auction Recorder by HSSC to the concerned department and appointment letter be issued to him forthwith. Needless to say that the petitioner will be entitled for all notional benefits.

While petitioner No.2's documents were not placed in the writ-petition, resultantly, learned Single Judge held him ineligible.

-33.

In our opinion, both Ankit Malik and Amit were required to be treated alike and it was to be left to the concerned respondents to obtain expert opinion for both of them alike. We, therefore, direct that the case of appellant-Amit, who has placed before us his detailed mark-sheets, which reflects that he too had studied computer related subjects all throughout in the six semesters, may also be examined in the same manner as Ankit Malik and if he is otherwise found eligible and meritorious, be recommended for appointment on the post of Auction Recorder as the same is lying vacant and is being, now, sent for fresh recruitment. The present appeal is, accordingly, disposed of.

4.

It is made clear that if the appellant is considered and appointed, he will only get notional benefits from the date others were appointed and accordingly, get actual salary from the date of passing of the order.

5.

Pending miscellaneous application(s), if any, also stand disposed of.

(SANJEEV PRAKASH SHARMA) JUDGE 21.05.2025 (MEENAKSHI I. MEHTA) neetu JUDGE Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No