Sonu Singh v. State Of Haryana And ORS

2024:PHHC:006641

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-17539-2018 (O&M) Decided on : 18.01.2024 Sonu Singh . . .Petitioner

Versus

State of Haryana and others . . . Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Jagjeet Beniwal, Advocate for the petitioner. Mr. Saurabh Mohunta, DAG, Haryana.

**** HARSIMRAN SINGH SETHI, J. (Oral) In the present petition, the grievance of the petitioner is that the petitioner has wrongly been declared as ineligible candidate so as to compete for the post of Heavy Vehicle Driver as advertised vide advertisement No. 04/2017,copy of which has been annexed as Annexure P-1. Learned counsel for the petitioner submits that the petitioner had applied for one of the post of 2038 posts of Heavy Vehicle Driver, which were advertised vide advertisement No. 04/2017 (Annexure P-1) and the petitioner competed for the post in question but in the ultimate selection,he has been declared ineligible on the ground that he did not fulfill the required eligibility of three years experience of driving the Heavy Vehicle which was necessary to be eligible for the post in question.

Learned counsel for the petitioner further submits that the petitioner duly had a experience certificate issued by B. S. N. High School, Villlage Sanar Bhiwani for driving the heavy vehicle from 2011 to 2015 which facts makes it clear that the petitioner was very much eligible for the post in question, whereas, his claim has been rejected by passing the impugned order dated 01.06.2018 (Annexure P-8). RIYA 2024.01.

CWP-17539-2018 (O&M) 2 2024:PHHC:006641 Learned counsel for the respondents submits that due reasons for rejecting the claim of the petitioner have been given in the impugned order to the effect that the petitioner only got a licence to drive the heavy vehicle on 06.11.2013 and the experience from the said date is to be counted upto 31.05.2015 hence, the petitioner did not had requisite three years experience of driving heavy vehicle as required to be eligible for the post in question. I have heard learned counsel for the parties and have gone through the record with their able assistance. Keeping in view the facts and circumstances of the present case, wherein, it is a conceded fact that the petitioner got the license to drive the heavy vehicle on 06.11.2013 and as per the experience certificate submitted by him experience was upto 31.05.2015, hence, if the period of experience counted from the date of issuance of licence, same is less than three years, which fact makes it clear that the petitioner was ineligible to compete further for the post in question.

The experience certificate (Annexure P-6) which is being relied upon by the petitioner in the present petition, cannot be considered for the reasons that the same was never produced before the authority concerned while filling up the application form for the post in question. Keeping in view the facts and circumstances of the present case recorded herein above, no ground is made out for interference in the present case, hence the present case stands dismissed. Pending civil miscellaneous application, if any, shall also stands disposed of.

18.01.2024 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No (HARSIMRAN SINGH SETHI) JUDGE RIYA 2024.01.24 10:10 I attest to the accuracy and integrity of this document