Vijay Kumar v. Chaudhary Charan Singh, Haryana Agriculture University, Hisar

CWP No.32001 of 2019 {1}|

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.32001 of 2019 Date of decision:05.11.2019 Vijay Kumar ... Petitioner(s) Vs.

Chaudhary Charan Singh, Haryana Agricultural University, Hisar ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Sunil K. Nehra, Advocate for the petitioner.

AMIT RAWAL J. (Oral) Notice of motion.

Mr. Vinod S. Bhardwaj, Advocate who is present in Court, accepts notice on behalf of the respondent.

Contention of Mr. Sunil K. Nehra, learned counsel for the petitioner is that while filling up the form for the post of Computer Programmer pursuant to advertisement no.7/2018, petitioner inadvertently, had given the option as 'Yes' against the column with regard to any of the family member in Government job, though it should have been filled as 'No'. After undergoing the process of written test, scrutiny of documents and interview, he has been selected and approached the Registrar of University for making correction/ deduction of 05 marks under socio-economic criteria as it was inadvertent mistake and in case, petitioner does not fall in the merit list, said post would be offered to the next candidate in the waiting list. The SAVITA KADIAN 2019.11.26 13:40 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.32001 of 2019 {2}| aforementioned request was not accepted by the Registrar, rather resulting into extension of threat of registration of criminal case against him, in such circumstances, petitioner has approached this Court. I am of the view that prayer of the petitioner is most innocuous and fair, though he has not withheld information entailing into initiation of criminal proceedings.

It is a matter of record that petitioner was selected on 12.07.2019 and immediately, approached the Registrar of University for correction and taking an appropriate action. In my view, threat of criminal action, in such circumstances, ought not to have been extended, concededly, in view of his fairness.

Without commenting upon the merit or de-merit of the present case, I dispose of writ petition with a direction to the respondent to consider the request of petitioner by taking into consideration 05 marks under the head of socio-economic criteria and if found to be more meritorious, no further action would be required but if otherwise, necessary corollary be followed after appointment in the waiting list in accordance with law without any demur.

Disposed of.

(AMIT RAWAL) JUDGE November 05, 2019 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2019.11.26 13:40 I attest to the accuracy and integrity of this document High Court Chandigarh