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High Court of Punjab and HaryanaCWP/12191/2022disposed of

Deepak v. State Of Haryana And Others

2022-05-31Mr. Justice Arun Monga2 pages

143IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO. 12191 OF 2022 DATE OF DECISION: 31.05.2022 Deepak

...Petitioner

Versus

State of Haryana and others

...Respondents

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

Mr.JasbirMor, Advocate, for the petitioner.

Mr. Pankaj Middha, Addl. AG, Haryana.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondents to issue Sports Gradation Certificate of Grade 'D' in terms of new Sports policy dated 25.05.2018 (Annexure P-10) for his achievement in Karate for participation in Haryana Senior State Karate Championship 2016-17 held at R.K.S.D Stadium, Kaithal on April 16 and 17, 2016 and obtained first position (gold medal). Further prayer has been made to consider not to cancel his candidature under ESP General category.

2.

Respondent-Haryana Staff Selection Commission (hereinafterreferred to as "the Commission") advertised various posts of Group 'D'. Petitioner being eligible, applied for the same and appeared in the written examination held in November-2018 but remained unsuccessful.Later, a waiting list was prepared wherein name of the petitioner also figured. Thereafter, pursuant to office letter dated 12.02.2022 (Annexure P-7), the petitioner submitted an application in prescribed format for issuance of new sports gradation certificate in terms of Government Sports Policy dated 25.05.2018 (Annexure P-10). On 24.03.2022, the petitioner submitted application(Annexure P-11) followed by representation dated 04.04.2022 (Annexure P-8) for issuing sports gradation certificate to the petitioner, but to no avail. Hence the instant petition.

SHALINI BHATIA 2022.06.01 19:56 I attest to the accuracy and authenticity of this Judicial Record/ Decree/ Document, which is scanned copy of the original\

3.

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 04.04.2022 (Annexure P-8). 4.

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

5.

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.

6.

Without commenting on the merits of the case, the instant writ petition is disposed of with a direction to the competent authority in sports department to look intothe representation dated 04.04.2022 (Annexure P-8) of the petitioner andpass an administrative order, after verification of sports achievements as per the applicable sports policy. 7.

Let the needful be done within 30 days from today. 8.

Disposed of.

9.

Till passing of order on the representation, the respondents shall not cancel the candidature of the petitioner in the sports category on the ground of non-submission of Sports Gradation Certificate. MAY 31, 2022 (ARUN MONGA) Shalini JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SHALINI BHATIA 2022.06.01 19:56 I attest to the accuracy and authenticity of this Judicial Record/ Decree/ Document, which is scanned copy of the original\