Akbar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP NO.12315 OF 2022 DATE OF DECISION: 31.05.2022 Akbar

...Petitioner

Versus

State of Haryana and others

...Respondents

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

Mr. Abhinav Kalia, Advocate, for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

ARUN MONGA, J. (ORAL) Petitioner herein, inter alia, seeks issuance of a writ in the nature of mandamus directing the respondents to consider his candidature for Group D post under the category of Eligible Sports Person (hereinafter referred to as "ESP") by granting one more opportunity to submit gradation certificate as per letter/invitation dated 03.03.2022 (Annexure P-3).

2.

Vide advertisement dated 26.08.2018, online applications were invited for direct recruitment to Group D posts for various departments/board/corporation by Haryana Staff Selection Commission. Being eligible, petitioner applied under the ESP quota. He unsuccessfully participated in the selection process. As all the seats under ESP quota were not filled, first waiting list was issued and his name was not there. Later on, he was also called to complete all the formalities before 31.03.2022. Pursuant thereto petitioner approached the respondentSHALINI 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\

department but his application was not accepted stating that he is not eligible.

3.

Qua his aforesaid grievance, petitioner submitted representation dated 28.04.2022 (Annexure P-6) but the same has not been adverted till date. Hence, the petition. 4.

On advance service, learned State counsel appears and submits that a decision will be taken by competent authority, either way, on the representation dated 28.04.2022 (Annexure P-6) 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 28.04.2022 (Annexure P-6) of the petitioner and pass an administrative order, in accordance with law, as expeditiously as possible.

8.

Disposed of accordingly.

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\