Amit & ANR v. State Of Haryana & ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 3062 of 2017 Date of Decision: May 24 , 2022.

Amit and another ...... PETITIONER (s)

Versus

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

Present:

Mr. S.S.Shekhawat, Advocate for the petitioners.

Mr. R.S.Budhwar, Addl.AG, Haryana.

***** LISA GILL, J.

This writ petition has been filed by petitioners challenging the action of respondents in not considering the candidature of the petitioners for selection and appointment to the post of PGT (History). Petitioners applied for the post of PGT (History) pursuant to Advertisement No.4/2015 dated 28.06.2015. However, their candidature has been rejected only on the ground that their final result of B.Ed. was declared after the cut-off date i.e., 12.10.2015.

In respect to petitioner No.1, it is admitted in affidavit dated 05.07.2017 of Sh. Mahavir Kaushik, Secretary, Haryana Staff Selection Commission, Panchkula that said petitioner is eligible in terms of notice dated 06.03.2017. Learned counsel for the State submits that candidature of petitioner No.1 has been considered being eligible, therefore, writ petition qua petitioner No.1 is rendered infructuous, however, in respect to petitioner No.2, it is OMKAR SINGH 2022.06.02 18:02 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh

CWP No.3062 of 2017(O&M) [2] submitted that her candidature was not considered due to final result being declared after cut-of date.

Learned counsel for the State is, however, unable to deny that the controversy at hand is squarely covered in favour of petitioner No.2 in view of the decision of Hon'ble Supreme Court in Haryana Staff Selection Commission v. Priyanka and others, 2021(4) SCT 80. It is not denied that petitioner No.2 had submitted her detailed marks along with the application. Confidential result of B.Ed. was provided by the Kurukshetra University before the cut-of date i.e., 12.10.2015.

Keeping in view the facts and circumstances as above, this writ petition is disposed of with a direction to the respondents to consider candidature of petitioner No.2 for the post of PGT (History) in terms of the decision of Hon'ble Supreme Court in Priyanka's case (supra). Petitioners are at liberty to avail their remedy in accordance with law, if so advised, in case of any subsisting grievance. ( LISA GILL ) May 24 , 2022.

JUDGE 'om'

Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No OMKAR SINGH 2022.06.02 18:02 I attest to the accuracy and authenticity of this order/judgment High Court, Chandigarh