Haryana Staff Selection Commission Through Its Secy., Panchkula v. Naveen



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH LPA No.803 of 2018 (O&M) Decided on : 27.08.2018 * * * Haryana Staff Selection Commission, Panchkula, Haryana Appellant

Versus

Naveen Respondent 2.

LPA No. 804 of 2018 (O&M) Haryana Staff Selection Commission, Panchkula, Haryana Appellant

Versus

Vinod and another Respondents CORAM : HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN Present :

Mr. Randhir Singh, Addl. A.G. Haryana.

* * * AVNEESH JHINGAN, J.

Haryana Staff Selection Commission [for brevity 'HSSC'] has preferred these two intra-court appeals against two judgments dated 12.03.2018 and 20.03.2018 whereby the petitions were disposed of in terms of decision of this Court in CWP No. 27021 of 2016 titled as Priyanka and others Vs. State of Haryana and others.

2.

The operational part of order passed in CWP No. 27021 of 2016 is quoted below:- "12.

Hence, in view of what has been stated hereinabove, as also as per the ratio of the Division Bench judgment in CWP no.9533 of 2001, "Ankita Beniwal vs.


Haryana Public Service Commission", these petitions are allowed and the respondent Commission is directed to interview the petitioners if they otherwise come within the zone of selection as per the marks obtained by the last candidate, in each category in which the petitioners have applied, provided of course that the result in the case of each petitioner, in the examination concerned, was disclosed by the respondent University prior to the cut off date, i.e. 12.10.2015 as per the corrigendum Annexure P-2."

3.

The controversy in the present case is that HSSC advertised the posts of Post Graduate Teachers in different disciplines. The last date for receiving online application form was 12.10.2015. 4.

The B.Ed result of the petitioners (in writ petitions) was not officially declared by Maharishi Dayanand University, Rohtak before the cut-off date. The petitioners applied to the University and the University conveyed their result confidentially. On the basis of the same, the petitioners applied for the posts advertised. The result was officially declared after the cut-off date. There was no dispute that the petitioners passed their examination. During the screening test, the candidatures of the petitioners were rejected on the ground that the result was not declared before the cut-off date. The petitioners challenged the action of HSSC by way of writ petitions and the learned Single Judge allowed their petitions as admittedly the case was covered by the decision of this Court in CWP No.27021 of 2016. 5.

Learned counsel for the appellant fairly stated that the writ petitions in present appeals were disposed of in terms of decision of


this Court in CWP No. 27021 of 2016. The intra-court appeals filed against the said decision have already been dismissed by this Court in a bunch of appeals decided on 10.08.2018. There is no dispute that the present appeals are covered by the decision in LPA No. 362 of 2018 titled as Haryana Staff Selection Commission Vs. Priyanka and others.

6.

In view of the decision of this Court in LPA No. 362 of 2018, the appeals are dismissed.

7.

There is delay of one day in filing the present appeals, the same is left open.

(AJAY KUMAR MITTAL) JUDGE (AVNEESH JHINGAN) JUDGE 27.08.2018 pankaj baweja Whether speaking/reasoned:

Yes / No Whether reportable :

Yes / No