Harwinder Kaur And Another v. State Of Punjab And Others

CWP-22304-2020 (O&M) 1

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH 224 CWP-22304-2020 (O&M) Date of decision: 28.01.2025 Harwinder Kaur and Another ....Petitioners versus State of Punjab and Others

...Respondents

CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY Present :

Mr. H.C. Arora, Advocate for the petitioners. Mr. Amarpreet Singh Bains, AAG, Punjab.

Mr. Ajit Singh, Advocate for Mr. Nitin Kaushal, Advocate for respondent No.3. AMAN CHAUDHARY, J. (ORAL) 1.

Prayer made in the present petition is to direct the respondents to award marks for experience upto a maximum of 10 marks to the petitioners. 2.

Learned counsel gives up the claim with regard to petitioner No.2. 3.

Petitioner No.1 who had applied for appointment as Multi Health Worker (Female), had obtained 44 marks in the written examination, as against 46 of the last selected candidate. She was not granted any marks for experience as gained by her while working as Asha Worker under National Rural Health Missions, O/o Senior Medical Officer Longowal, w.e.f 04.02.2008 to 13.09.2011 and 14.09.2011 till date, in terms of the criteria specified in the advertisement, that reads thus:

"1. Written examination (By Baba Farid University of Health Sciences, Faridkot)

2. Experience (1 year=1 mark) (Marks of Experience will be given to those candidates who are working in the Department of Health on Regular, Contract or Outsource basis in any programme)."

AMANDEEP GOSAIN 2025.02.05 22:16 I attest to the accuracy and integrity of this order/judgment

CWP-22304-2020 (O&M) 2 4.

The criteria being more than crystal clear for granting marks and despite a number of opportunities sought on behalf of the State no justification having been given to substantiate the solitary stand taken in the written statement that experience of 05 years was required for qualifying to the said post and no marks were to be granted for experience for purpose of selection, the action of the authority is arbitrary.

5.

In view of the above, the present petition is disposed of with a direction to the respondents to redraw the merit of the petitioners by awarding the requisite marks for experience subject to verification of the certificates. 28.01.2025 (AMAN CHAUDHARY) Amandeep JUDGE Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No AMANDEEP GOSAIN 2025.02.05 22:16 I attest to the accuracy and integrity of this order/judgment