Rajnish & ORS v. State Of Haryana & ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 27557 of 2018 Date of Decision: March 24 , 2022.

Rajnish and others ...... PETITIONER (s)

Versus

State of Haryana and another ...... RESPONDENT (s) CORAM:- HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Sunil Kumar Nehra, Advocate for the petitioners.

Mr. Kiran Pal Singh, AAG, Haryana.

***** LISA GILL, J.

This writ petition has been filed by the petitioners seeking a direction to the respondents to modify the Final Result/Selection List and include the roll numbers/names of the petitioners in the Final Result/Selection List dated 17.10.2018 while treating them to be eligible. It is submitted that the matter is squarely covered by the judgment of the Hon'ble Supreme Court in Haryana Staff Selection Commission v. Priyanka and others, 2021(4) SCT 80 wherein it is held that candidature cannot be ignored solely on the ground of the official result being declared after the stipulated cut-of date in the face of confidential result having been declared earlier.

Learned counsel for the petitioners submits that subsequent to passing of the judgment by the Hon'ble Supreme Court in Priyanka's case (supra), candidature of the petitioners has been considered and all of them are reflected as selected with petitioners No.1, 4 and 7 having been offered OMKAR SINGH 2022.04.04 15:11 I attest to the accuracy and integrity of this document High Court, Chandigarh appointment as well. However, appointment has not been offered to rest of the

CWP No.27557 of 2018 [2] seven petitioners.

Learned counsel for the State, on instructions from Mr. Dikansh Goyal, Legal Assistant, HSSC, submits that appointment letters have not been issued to the said seven petitioners on account of pendency of Interlocutory Applications i.e., I.A. Nos.24016 and 24570 of 2022 before the Hon'ble Supreme Court. It is submitted that necessary action shall be taken expeditiously on decision of the same.

Keeping in view the facts and circumstances as above and the fact that this writ petition has been filed with the grievance of the petitioners that their candidature was not being considered merely on the ground the official result was issued after the cut-off date though their confidential result was declared before the cut-off date and subsequent to the judgment of the Hon'ble Supreme Court in Priyanka's case (supra) as above, candidature of the petitioners has been duly considered, therefore, no further orders are called for, at this stage.

Needless to say, the respondents shall decide the matter regarding issuance of the appointment letters to the remaining seven petitioners expeditiously in accordance with law. Petitioners are at liberty to avail their remedy in accordance with law, if so advised, in case of any adverse dispensation.

Writ petition is accordingly disposed of.

( LISA GILL ) March 24 , 2022.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2022.04.04 15:11 I attest to the accuracy and integrity of this document High Court, Chandigarh