Ankit v. State Of Haryana And Others

   

       








 



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DJyoti Vs. State of Haryana and othersB

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DHaryana Staff Selection Commission Vs. Suresh Kumar and anotherB

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 "5. We have heard learned counsel appearing for the Commission at some length and are of the considered opinion that the special leave petition is wholly without merit. However, having regard to the lapse of time since the selection process was conducted and the nature of the order of the learned Single Judge, since affirmed by the Hon'ble Division Bench, we are not inclined to leave the matter by simply dismissing the special leave petition. In the interests of justice, certain other directions are called for, to avoid future litigation, and this is what we propose to do in exercise of our power under Article 142 of the Constitution.

6. The Commission took a decision as late as on 10th September, 2018 to identify and specify institutes which would qualify as a 'recognized institute for the purpose of the advertisement dated 10th July, 2015. We have failed to comprehend the logic behind applying the decision to the advertisement, which was issued more than three years earlier on 10th July, 2015. Had the advertisement specified which of the institutes would qualify as a recognized institute, the aspirants for the post would have known about his or her eligibility Suresh Kumar found that he was eligible on the terms of the advertisement and had applied for appointment. Clearly, the Commission changed the rules of the game after the game had commenced, and particularly when such process was on the verge of completion, much to the detriment of Suresh Kumar by rendering him altogether disqualified to participate in the process on the ground of lack of requisite qualification. This was an impermissible exercise.

7. Apart from the aforesaid, no other disqualifying factor has been brought to our notice.

8. Leaving it open to the Commission to undertake a further process as to whether Suresh Kumar is otherwise eligible as directed by the learned Single Judge, is likely to generate further litigation. This, we perceive, from the conduct of the Commission in not gracefully accepting the impugned judgment and order of the High Court.

9. While dismissing this special leave petition, we direct the

 Commission to issue appropriate recommendation for the Board to act upon. The Commission shall immediately, but not later than 3 (three) weeks from date, recommend Suresh Kumar for appointment whereafter he shall be offered an appointment on the post of Mandi Supervisor>cum>Fee Collector. If any such post under Scheduled Caste category is not available as on date, a supernumerary post shall be created which shall be personal to Suresh Kumar. The appointment of Suresh Kumar shall relate back to the date on which the last candidate from the panel of Scheduled Caste category came to be appointed. From such date, Suresh Kumar shall be treated to be in continuous service for the purpose of only retiral benefits. Suresh Kumar shall obviously not be entitled to any financial benefit for any period he has not served but shall be entitled to pay and allowances with effect from the date of his appointment.

10. Pending application(s), if any, shall stand disposed of."

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