Khushwant Singh v. State Of Haryana And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Item No.123 CWP-11315-2022 (O&M) Date of decision: May 24, 2022 Khushwant Singh

...Petitioner

Versus

State of Haryana and Another

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Ankur Sidhar, 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 certiorari for quashing 'Undertaking Form' (Annexure P-7) to the extent of para/clause 5, issued under advertisement (Annexure P-4).

2.

Petitioner filled and submitted application for the post of Clerk against advertisement no.05/2019 published by the Haryana Staff Selection Commission. However, he inadvertently marked 'yes' against column of 'Govt. job in family'. Thereafter, in final list/result, due to non-awarding of 5 marks of 'Non Govt. Job', he could not be selected. Later on, the result was revised on account of passing of order dated 25.04.2022 by this Court in CWP No.15672 of 2021. Therefore, the petitioner has also been called for document verification. Revised result has been published on 17.05.2022. Grievance of the petitioner is regarding the said impugned clause which reads thus:

(5) That any person among in candidate's family in Government Job having separate family ID/Ration Card will not be entitled to be awarded marks under Socio-Economic Criteria having no Government Job. ASHISH 2022.05.26 11:26 I attest to the accuracy and integrity of this document

CWP-11315-2022 (O&M) -23.

Qua the aforesaid grievance, petitioner also submitted representation dated 19.05.2022 (Annexure P-9) but the same has not been adverted till date.

4.

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 19.05.2022 (Annexure P-9) by passing a speaking order.

5.

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

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 instant writ petition is disposed of with a direction to the respondents to look into the representation dated 19.05.2022 (Annexure P-9) of the petitioner and pass an administrative order, in accordance with law.

8.

Let the needful be done within 30 days from today and in any case not later than declaration of the final result. 9.

Disposed of accordingly.

(ARUN MONGA) JUDGE May 24, 2022 ashish Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No ASHISH 2022.05.26 11:26 I attest to the accuracy and integrity of this document