High Court of Punjab and HaryanaCWP/21110/2017disposed of

Geeta v. State Of Haryana And ORS

2017-09-25Mr. Justice A.B. Chaudhari3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 25.09.2017 Geeta ....Petitioner(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. Dinesh Rawat, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner seeks direction to the respondents for issuance of appointment letter to the petitioner as she has been selected by the Competent Selection Committee on the post of Post Graduate Teacher in Sanskrit.

It is the case of the petitioner that as per advertisement dated 26.09.2012, she had applied for the said post on account of the teaching experience and had been called for interview and she was at merit no. 560 on the basis of the teaching experience. However, though her name had been recommended by the Haryana School Teacher Selection Board, Panchkula, a show cause notice/explanation had been issued to the concerned school on 22.10.2014 (Annexure P-5) regarding the teaching experience certificate, which had been replied by the said school on 21.11.2014 (Annexure P-6).

Thereafter, show cause notice had been issued by respondent no. 2 on 04.09.2015 (Annexure P-7) to her as to why the recommendations for cancellation of candidature be not made and she had accordingly filed reply on 26.09.2015 (Annexure P-8). Thereafter, she had served legal

notice on 07.07.2015 (Annexure P-9) and sent a reminder on 27.07.2017 (Annexure P-10) but no action has been taken and resultantly, the present writ petition has been filed.

Notice of motion.

Mr. Harish Rathee, Sr. DAG, Haryana accepts notice. Copy of the writ petition has been supplied to him.

Keeping in view the above, this Court is of the opinion that no useful purpose would be served to ask the respondents to file reply as it is apparent that the show cause notice dated 04.09.2015 (Annexure P-7) has not been acted upon by the State to the detriment of the petitioner. Accordingly, without commenting on the merits of the case or the entitlement of the petitioner for the abovesaid relief and keeping in view the fact that the matter is still pending consideration, the present writ petition is disposed. A direction is issued to respondent no. 2 to take a decision on the legal notice dated 07.07.2015 (Annexure P-9) after taking into consideration the show cause notice dated 04.09.2015 (Annexure P-7) and the reply dated 26.09.

2015 (Annexure P-8) filed by the petitioner and the justification given by the school also regarding the same if not already done. The said exercise shall be completed within a period of 2 months from the date of receipt of certified copy of the order. In case any adverse order is to be passed, the petitioner be given personal hearing before passing of the said order. If decision has already been taken, then copy be supplied to the petitioner.

25.09.2017 (G.S. SANDHAWALIA) shivani JUDGE Whether reasoned/speaking Yes/No Whether reportable Yes/No