Kiran Mai v. Haryana Staff Selection Commission And Another




 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-22638-2018
 Date of decision: 09.05 Kiran Mai

...Petitioner

Versus

Haryana Staff Selection Commission and another .....Respondents



   








   

  

    



     

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   Prayer in the present petition is for issuance of a writ in the nature of Mandamus directing the respondents to correct their records and process the candidature of the petitioner as a Handicapped/OH (Locomotor Disability).

Learned senior counsel for the petitioner submits that the petitioner is a permanent disable upto 40%; that being eligible, the petitioner had applied for the post of Post Graduate Teacher (PGT) Hindi under Category No.13, in Category BCB, Sub-category Physically Handicapped (Locomotor Disability) in terms of advertisement No.1/2014 issued by respondent No.2-Haryana School Teachers Selection Board, Panchkula; that the selection process of advertisement No. 01/2014 could not be finalised;


 that thereafter, in the year 2015, respondent No.1-Haryana Staff Selection Commission issued advertisement No.4/2015 for filling up all the posts earlier published vide Advt. No.1/2014; that the petitioner had again applied for the post of PGT (Hindi) in Physically Handicapped category but since there was no sub-category in the advertisement, she could not submit her application in the sub-category and that no fee was paid by the petitioner for the post with the application form, as there was no fee for the physically handicapped candidate.

Learned Senior counsel for the petitioner further submits that the last selected candidate in the physically handicapped category, has secured 124 marks, whereas the petitioner has secured 129 marks. It may be noticed that vide order dated 13.09.2022, a Coordinate Bench of this Court, had directed the respondent-State to file a reply stating therein whether any post in PGT Hindi in category BCB (Physically handicapped) was lying vacant or not.

Today, learned State counsel points out that as per the affidavit dated 17.03.2023 filed by Secretary, Haryana Staff Selection Commission, on behalf of respondent No.1, the result was revised in compliance of the order dated 08.12.2021 passed in SLP No. 25184-25214 of 2018 titled as 'HSSC Vs. Priyanka and Ors.' As per the revised result dated 24.08.2022, 03 more candidates were selected against OH Category and thus, presently no post of PGT Hindi is lying vacant in the OH Category and specifically in the BCB (OH) Category, against Advt. No.04/2015.

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

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  affidavit dated 17.03.2023 filed by Secretary, Haryana Staff Selection Commission, on behalf of respondent No.1, the revised result was prepared in terms of the directions contained in Priyanka's case (supra), and that on such revision of the result, 03 more candidates in the OH category, were selected and, thus, there is no post of PGT Hindi in said category is lying vacant. The selection pertains to advertisement issued in 2015 with the result declared in the year 2018. As per the stand of the respondents, no post in the category of the petitioner is lying vacant. Therefore, without going into the merits of the case, this Court finds that no further orders are called for in the present case. Hence, the present petition is dismissed.






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