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High Court of Punjab and HaryanaCWP/26104/2021dismissed

Kavita Devi v. Haryana Staff Selection Commission And Others

2021-12-21Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-26104-2021 Date of Decision: 21.12.2021 KAVITA DEVI

...Petitioner

Versus

HARYANA STAFF SELECTION COMMISSION AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Chander Pal Tiwana, Advocate for the petitioner.

Ms. Rajni Gupta, Addl. A.G., Haryana.

ARUN MONGA, J. (ORAL) Petition herein, under Articles 226/227 of Constitution of India is for issuance of a writ in the nature of mandamus directing the respondents to treat the family of the petitioner as the family of her in-laws and thereby grant her 05 marks for socio-economic criteria and experience. 2.

Learned counsel for the petitioner submits that respondent No.1 issued an advertisement for the post of Staff Nurse under Category Nos.10 and 19. In response to said advertisement, the petitioner applied under Category 19 for the post of Staff Nurse by mentioning therein that she is married and neither she nor any of her family is/was a regular employee in any Department/Board/Corporation/Company/Statutory Body Commission/ Authority of Government of Haryana or any other State or Government of India. Having been successful in the written examination, which was conducted on 25.07.2021, the petitioner uploaded her undertaking dated 30.10.2012 claiming marks under the Socio-Economic criteria as none of her MAHAVIR SINGH 2021.12.25 06:20 I attest to the accuracy of this order

in-laws' family was in government service. Learned counsel further submits that when the petitioner appeared for verification of documents, the members of the Verification Committee found that she is not eligible for marks of socio-economic criteria as her father was serving as Sepoy (GD) in Indian Army, who has been retired in the year 1999. Learned counsel further submits that the petitioner has not been granted the benefit of 05 marks for socio-economic criteria treating her family as that of her parents' family despite she being married.

3.

I have heard learned counsel for the petitioner and gone through the case file.

4.

A perusal of sub-clause (iii) of 2.3 i.e Criteria for Selection, Examination and Syllabus of the advertisement shows that 10 marks for socio-economic criteria and experience shall be allocated to the applicant if neither he/she nor any person from among the applicant's family viz. father, mother, spouse, brother, and Son is, was or has been a regular employee in any Department/Board/Corporation/Company/Statutory Body/ Commission/Authority of Government of Haryana or any other State Government or Government of India.

5.

The respondents have rightly denied the benefit of 05 marks to the petitioner for socio economic criteria as her father was serving as Sepoy (GD) in Indian Army, who has been retired in the year 1999. 6.

No grounds to interfere. Dismissed.

December 21, 2021 (ARUN MONGA) gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2021.12.25 06:20 I attest to the accuracy of this order