Jyoti Rani v. State Of Haryana And ORS

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 04.10.2024 Jyoti Rani

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Ankit Aggarwal, Advocate for the petitioner Mr. Kanwal Goyal, Advocate, and Ms. Sheena Dahiya, Advocate for the respondent no.3/HPSC *** TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed, inter alia, seeking a writ of certiorari quashing the order dated 01.10.2024, Annexure P-9, whereby the petitioner's candidature for the post of PGT Music in response to advertisement 29/2024, dated 23.07.2024, has been rejected by the Commission for want of HTET/STET certificate.

2.

Learned counsel contends that the petitioner's candidature has wrongly been rejected, as she has already challenged the HTET-2023 result by filing a writ petition, Civil Writ Petition No.21356 of 2024 titled Minakshi Saini and others v. State of Haryana and others. Notice of motion was issued vide order dated 30.08.2024, Annexure P-2, and it was ordered to be heard along with Civil Writ Petition No. 19876 of 2024 titled Abhimanyu and others v. State

-2of Haryana and others. The petitioners in the latter case were permitted to participate in the selection process vide interim order dated 14.08.2024, Annexure P-1, and both the petitions are pending adjudication at motion stage. Therefore, the petitioner should also be permitted to participate in the process, as there was no valid reason to decline the same just before the interviews, slated for 09.10.2024.

3.

Per contra, learned counsel for the Commission, on instructions, contends that the petitioner does not possess the essential qualification of HTET/STET certificate. The petitioners cannot claim parity with Abhimanyu case, as in that case petitioners were allowed to participate in the process by an interim order since they had approached the Court before the closing date for submission of applications. Similar interim relief was not granted to the petitioners in CWP No. 21356 of 2024, and only notice of motion was issued on 30.08.2024 for the reason closing date was over by the time they approached this Court. The instant petition claiming the same relief is not maintainable, and is an abuse of the process of law.

Further, despite there being no interim order in her favour, the petitioner submitted hard copy of the online application form by mis-stating the fact that she had passed the HTET in 2023 by securing ninety out of one hundred and fifty marks. When her application form was checked, it was found that no such certificate had been attached therewith; only a representation dated 19/20.08.2024, and copies of interim orders passed by the Court in other cases were uploaded in place of the HTET certificate. (A copy of her form was shown to the Court.) In this fraudulent manner, she managed to participate in the selection process, and her application form was temporarily accepted. After the facts came to the Commission's notice, her candidature was cancelled vide impugned order, which is valid.

-34.

Heard.

5.

This Court is not inclined to entertain the petition. 6.

At this stage, on receiving instructions, learned counsel for the petitioner seeks permission to withdraw the petition. 7.

Permission is granted.

8.

Dismissed as withdrawn.

(TRIBHUVAN DAHIYA) JUDGE 04.10.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No