Kashmir Singh v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-12902-2021 Date of decision: 16.07.2021 Kashmir Singh ÉPetitioner

Versus

State of Haryana and others

...Respondents

CORAM: HONÕBLE MR. JUSTICE ARUN MONGA

Present:

Mr. Sandeep Kumar, Advocate, for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

(Presence marked through Video Conference) -.- ARUN MONGA, J. (ORAL) Inter alia contends that the respondent-Commission extended the cut off date for applying the post in question as 21.07.2021 vide corrigendum dated 25.06.2021 (Annexure P-3). He submits that as on the date of corrigendum i.e. 25.06.2021, the petitioner is eligible to apply but on the closing date of corrigendum i.e. 21.07.2021, the petitioner is over aged by 14 days and, therefore, his candidature is not being considered. 2.

He submits that in the premise, the petitioner submitted a representation dated 29.06.2021 (Annexure P-8) but to no avail. Hence, the instant petition.

3.

Notice of motion.

4.

Learned State counsel, on advance service, joins proceedings and accepts notice on behalf of the respondent-State of Haryana and seeks time to file reply.

VANDANA 2021.07.16 14:59 I attest to the accuracy and integrity of this document

5.

At this stage, learned counsel for the petitioner submits that let a final decision is taken, either way, by the respondents on the pending representation dated 29.06.2021 (Annexure P-8). 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 writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioner as per representation dated 29.06.2021 (Annexure P-8) and also by keeping in view the contentions raised in the present petition by treating the same as supplementary representation and take a decision, in accordance with law.

8.

Since the last date for applying on the post in question is 21.07.2021, it would be appreciated if the competent authority decides the representation prior to the aforesaid date. In case, the same is not done within the prescribed period, then petitioner shall be allowed to participate provisionally in the selection process, subject to the final outcome of the administrative decision to be taken on his pending representation. 9.

Needless to say, in case favourable order is not passed, petitionerÕs participation on provisional basis shall not vest any special equity in him to claim any further rights.

10.

Disposed of accordingly.

(ARUN MONGA) JUDGE July 16, 2021 Vandana Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No VANDANA 2021.07.16 14:59 I attest to the accuracy and integrity of this document