Janak Kumar v. State Of Haryana And Another

CM-15037-2018 in/and CWP No. 22976 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA, AT

CHANDIGARH ***** CM-15037-2018 in/and CWP No. 22976 of 2018 Date of Decision: 31.10.2018 Janak Kumar ... Petitioner

Versus

State of Haryana and another ... Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Suresh Kumar Kaushik, Advocate, for the applicant-petitioner.

Mr. Hitesh Pandit, Addl.A.G. Haryana Mr. Kanwal Goyal, Advocate for HPSC-respondent No. 2. RITU BAHRI , J. (ORAL) CM-15037-2018 The present application seeking preponement of the main writ petition is allowed and the matter is taken up today itself for disposal CWP No. 22976-2018 Petitioner is seeking quashing the impugned action/notice dated 31.08.2018 (Annexure P-11) of the respondents vide which the petitioner was not called for interview for the post of Assistant Director (Industrial Promotion) Group B being having all requisite qualification for this post as per Advertisement No.01(2)/2016 dated 29.07.2016 (Annexure P-1) and having more marks from the last calling candidate for interview in his category. Mr. Kanwal Goyal, Advocate for HPSC submitted a final result of the petitioner which has been opened in the Court today and the petitioner has Gaurav Arora 2018.11.02 17:56 I attest to the accuracy and integrity of this document Chandigarh

CM-15037-2018 in/and CWP No. 22976 of 2018 secured total 59.04 marks including interview in the SC category. On 10.09.2018, while issuing notice of motion, learned counsel has referred to the application form (Annexure P-3) of the petitioner whereby petitioner has given details of his experience as Supervisor in manufacturing unit from the period 24.10.2009 till 10.01.2012 and he has also worked in the institute from 15.11.2012 till 08.08.2016. Counsel for the petitioner further contended that vide notice dated 31.08.2018 (Annexure P-10), petitioner was directed to complete the formalities of submitting his experience certificate and respondents have called the candidates for interview. Learned counsel appearing for the Commission stated that the petitioner was interviewed provisionally and he is fully eligible. Today, the result of the petitioner has been produced in Court and it is found that he had secured equal marks to the last selected candidates in the S.C. Category i.e. 59.04 marks.

Learned counsel for the respondent No. 2 submits that post is still lying vacant.

In view of the above, the present writ petition is allowed and order dated 31.08.2018 is set aside. The respondents are directed to issue appointment letter to the petitioner within a period of two weeks from the date of receipt of certified copy of this order. The petitioner is entitled to all consequential benefits.

(RITU BAHRI) JUDGE 31.10.2018 manoj Gaurav Arora 2018.11.02 17:56 I attest to the accuracy and integrity of this document Chandigarh