Sandeep Kumar v. Haryana Staff Selection Commission And Another

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision : 20.02.2019 Sandeep Kumar

...Petitioner

versus Haryana Staff Selection Commission & anr.

...Respondents

CORAM: HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Lajpat Sharma, Advocate for the petitioner.

Mr. Gaurav Jindal, Addl. A.G. Haryana **** RITU BAHRI , J. (Oral) Petitioner is seeking quashing of impugned order dated 26.02.2018 (P-10) whereby the claim has been rejected. On 28.02.2018, this Court passed the following order:- "The petitioner competes for selection to the post of Heavy Vehicle Driver, and has cleared the written examination, as also the driving test. However, his candidature has since been rejected, for, he did not possess the three years requisite experience of driving Heavy Transport Vehicles. The certificate furnished by the petitioner, dated 12.06.2017 (Annexure P2), at the time of submission of his application form, of course, shows that he only possessed 2 years, 1 month and 19 days experience as on 12.06.2017 i.e. the last date for submitting the application forms. However, it is urged that, owing to an accidental omission, the experience acquired by the petitioner, while being

in service of Delhi Transport Corporation itself w.e.f. 21.04.2015 to 20.04.2016, could not be mentioned in the certificate Annexure P2. Whereas, the certificate dated 22.04.2015 (Annexure P3), reveals that the petitioner had indeed served from 21.04.2015 to 20.04.2016. It is urged that the interviews, that were scheduled to take place w.e.f. 25.02.2018 to 01.03.2018, are already underway, and, in the event, the petitioner is not permitted to participate in the process, he shall suffer an incalculable loss. Notice of motion.

Mr. Siddharth Sanwaria, DAG, Haryana, present in court, accepts notice on behalf of the respondents. Copies furnished.

Learned State counsel prays for a short accommodation. Adjourned to 25.04.2018.

Written statement, if any, be filed a week prior to the next date of hearing with an advance copy to learned counsel for the petitioner. The petitioner shall be interviewed provisionally, by the respondents, however, his results shall not be pronounced till further orders.

Copy of the order be issued to the learned counsel for the parties under the signatures of Bench Secretary attached to this Court."

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 94 marks in written examination and 11 marks in viva voice (total 105 marks) and and the last candidate has secured 129 marks in General category.

In view of the above factual position, the writ petition stands dismissed, as the petitioner has secured less marks than the last candidate. The result has been returned back in original to learned State counsel in the Court today.

20.02.2019 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No