Vikas Phogaat v. Haryana Staff Selection Commission

CWP No. 29261-2018

IN THE HIGH COURT OF PUNJAB ANDHARYANA AT

CHANDIGARH CWP No. 29261-2018 (O&M) Date of decision:-06.03.2019 VIKAS PHOGAT .....Petitioner vs.

HARYANA STAFF SELECTION COMMISSION ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Sumit Sangwan, Advocate for the petitioner.

Mr. Hitesh Pandit, Addl.A.G Haryana RITU BAHRI, J.(Oral) Petitioner is participating in the selection process for 66 post of Conductor under ESM-General Category, pursuant to the advertisement (Annexure P-1). After submission of application, he participated in the written examination and scrutiny of documents. However, he has not been called for the interview. As per notice of interview dated 06.11.2018 (Annexure P-3), last candidate under the General Category, who has been called for interview, has secured 146 marks. The petitioner has also got 146 marks. Grievance of the petitioner is that under the ESM Category, last candidate has secured 104 marks, but the petitioner will only be considered, if, an eligible candidate under ESM Category is not available.

Learned State counsel has produced the result of the petitioner in a sealed cover, which has been opened by the Reader of this Court. As per result, the petitioner has secured 142 marks in written examination and 10 marks in viva voice (total 152 marks) and and the last candidate in the ESM General Category secured 171 marks. Further the the last candidate in the ESM Self Category has secured 127 marks and the last candidate under Gaurav Arora 2019.03.

CWP No. 29261-2018 ESM Self Disabled has secured 71 marks. The preference has to be given first to ESM Self and ESM Self Disabled and the case of the petitioner cannot be considered under this category as well. In view of the above factual position, the writ petition stands Dismissed.

The result has been returned back in original to learned State counsel in the Court today.

(RITU BAHRI) 06.03.2019 JUDGE G Arora Whether speaking/reasoned :

Yes Whether reportable :

No Gaurav Arora 2019.03.07 16:53 I attest to the accuracy and integrity of this document Chandigarh