Rajinder Kumar Saluja And ORS v. State Of Haryana And ANR
Sr. No.104
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-21473-2020 (O&M) Date of decision: 08.04.2022 Rajinder Kumar Saluja and others
...Petitioners
Vs.
State of Haryana and another
...Respondents
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present:
Mr. Ravi Malik, Advocate, for the petitioners.
Mr. Sharan Sethi, Additional A.G., Haryana.
*** ARUN MONGA, J. (ORAL) CM-321-CWP-2021 Application is allowed, as prayed for, subject to all just exceptions. Documents at Annexure P-13 are taken on record. Main case Petition herein inter alia is for issuance of a writ in the nature of certiorari to quash the impugned order dated 03.11.2020 (Annexure P-11) vide which exemption in educational qualifications granted vide letter dated 06.07.2018 has been withdrawn.
2.
Petitioners were originally appointed as Clerks in the respondent Department and are presently posted as Superintendents. Pursuant to an advertisement dated 17.01.2019 (Annexure P-2) they applied for appointment to the post of Tehsildar, claiming that they were eligible as per the exemption granted vide instructions dated 06.07.2018. They participated in the interview as well. However, exemption was later withdrawn and even the advertisement dated 17.01.2019 was withdrawn. Hence, the instant petition assailing the withdrawal of exemption qua requisite education and qualification. VANDANA 2022.04.15 05:15 I attest to the accuracy and authenticity of this document
3.
On advance service learned State counsel appears and strenuously opposes the writ petition.
4.
I have heard learned counsel for the parties and gone through the case file.
5.
On a Court query as to what is vested statutory or constitutional right of petitioners to seek exemption in educational qualification and/ or any other right conferred on them in course of their employment or original appointment so as to seek mandamus from this Court under extra ordinary jurisdiction, no plausible explanation has come forth.
6.
No grounds are made out to interfere. Dismissed. 08.04.2022 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No VANDANA 2022.04.15 05:15 I attest to the accuracy and authenticity of this document