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High Court of Punjab and HaryanaCWP/21682/2024dismissed

Sagar Bhola v. State Of Haryana And Another

2024-09-02Mr. Justice Tribhuvan Dahiya2 pages

CWP-21682-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-21682-2024 Date of Decision: 02.09.2024 Sagar Bhola

...Petitioner(s)

Versus

State of Haryana and another ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Sandeep Verma, Advocate for the petitioner Ms. Tanushree Gupta, DAG, Haryana *** TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to consider the petitioner's claim for selection to the post of TGT Science, in response to advertisement 2 of 2023, Annexure P-7, as a candidate belonging to BC-A category.

2.

As per stipulation in para 9.5 of the advertisement, to claim reservation under BC-A/BC-B category the candidates were required to submit fresh/latest certificate for the year 2022-23, issued by the Haryana Government in terms of instructions dated 22.03.2022; and OBC certificate issued for the jobs in Central Government was not to be considered valid irrespective of income mentioned therein. Selection process is over, as the final result was declared on 27.07.2024, and the selected candidates have been offered appointments as well.

PAYAL 2024.09.04 09:51 I attest to the accuracy and authenticity of this order/judgment

CWP-21682-2024 -23.

Learned State counsel, on instructions, contends that the petitioner's candidature was rejected only on the ground that the requisite BCA certificate was not submitted by him. He claimed to be from this category and participated in the selection process as such. 4.

Heard.

5.

The petitioner, undisputedly, submitted Other Backward Class (OBC) certificate dated 15.03.2023, Annexure P-5, along with the application form. This certificate has been issued to him for the Central Government jobs, certifying that he belongs to Sunar community and does not come within the creamy layer in terms of notification issued by the Department of Personnel & Training, Government of India. At this stage, learned counsel has referred to a latest certificate, dated 28.07.2024, issued to the petitioner by the Government of Haryana certifying that he belongs to BC-A category. However, he is not in a position to dispute that the same is inconsequential as it has been issued after the declaration of final result of selection. 6.

Since the petitioner, concededly, failed to submit the requisite certificate in terms of stipulation in the advertisement, no exception can be taken to rejection of his candidature by the Commission on that account. 7.

Accordingly, the petition stands dismissed in limine. (TRIBHUVAN DAHIYA) JUDGE 02.09.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.09.04 09:51 I attest to the accuracy and authenticity of this order/judgment