Haryana Staff Selection Commission And Another v. Deepak Singh And Others

(211) 2023:PHHC: 005617-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA-850-2023 (O&M) Date of decision:- 16.01.2024 Haryana Staff Selection Commission through its Chairman and another ...Appellant(s)

Versus

Deepak Singh and others

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Deepak Balyan, Additional Advocate General, Haryana, for the appellants.

Mr. A.P.S. Sandhu, Advocate, for respondent No. 1.

* * * * RITU BAHRI, A.C.J. (ORAL) CM-2163-LPA-2023 For the reasons mentioned therein, the delay of 17 days in filing the appeal is condoned.

The application stands disposed of.

LPA-850-2023 The appellants have come up in appeal against the judgement and order dated 22.12.2022 passed by the learned Single Judge, whereby the writ petition filed by the petitioner (respondent No. 1 herein) was allowed keeping in view the judgement of the Supreme Court in Charles K. Skaria and others Vs Dr. C. Mathew and others (1980) 2 Supreme Court Cases 752 and he was held entitled for two marks for having successfully undergone an NCC 'B' course.

The respondent No. 1 was in the general category and had obtained 63.35 marks, whereas the last candidate whose name was mentioned in the select list under that category had secured 63.55 marks. After giving the benefit of 02 marks, the respondent No. 1 would have secured 65.35 marks which would be higher than the marks secured by the last candidate. Learned State counsel, appearing for the appellants, has argued that the result was declared on 23.06.2017 and in the general category the cut-off was 65.55 marks and even if 02 marks had been given to the respondent No. 1, he would have secured 65.35 marks which is lower than the AMODH SHARMA 2024.01.19 00:00 I attest to the accuracy and authenticity of this order/judgement

LPA-850-2023 (O&M) 2023:PHHC: 005617-DB -2marks obtained by the last candidate. He has referred to the judgement of the Supreme Court in The State of Bihar and others Vs Madhu Kant Ranjan and another, 2022(1) S.C.T. 223.

As per paragraph 9 at page 104 of the reply dated 12.09.2022 filed by respondents No. 2 and 3, the final result (Annexure P-6) was declared on 09.08.2019 and the cut-off marks was 64.50. Keeping in view this fact, after giving the benefit of 02 marks, the respondent No. 1 had secured 65.35 marks and as per the impugned judgement he had every right to be appointed against the general category.

In so far as the judgement of the Supreme Court in The State of Bihar and others Vs Madhu Kant Ranjan and another (supra) referred to by the learned State counsel for the appellants is concerned, the same has already been examined by this Court in LPA-699-2023 titled as Haryana Staff Selection Commission Vs Naresh Kumar and others which was dismissed on 02.12.2023. In view of the aforesaid, we are of the considered opinion that the impugned judgement rendered by the learned Single Judge does not require any interference by this Court.

The appeal being meritless accordingly stands dismissed. (RITU BAHRI) ACTING CHIEF JUSTICE (AMAN CHAUDHARY) JUDGE 16.01.2024 Amodh Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2024.01.19 00:00 I attest to the accuracy and authenticity of this order/judgement