Preeti Singla v. Haryana Staff Selection Commission And ANR.

CWP-28796-2023 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Sr. No.125 CWP-28796-2023 Date of Decision: 20.12.2023 Preeti Singla .... Petitioner

Versus

Haryana Staff Selection Commission and another ... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:

Mr. Lupil Gupta, Advocate for the petitioner. *** This petition has been filed, inter alia, seeking a writ of certiorari quashing the order dated 05.04.2021, Annexure P-7, whereby the petitioner's request for another chance for document verification has been declined. Further, a writ of mandamus has been sought directing the respondents to grant one more opportunity for scrutiny/verification of documents for the post of Art and Craft Teacher advertised vide advertisement no.6 of 2006.

2.

Learned counsel for the petitioner has contended that the petitioner, who was a candidate under the advertised post, was called for document verification along with other candidates on 04.03.2021. She, however, could not appear for the same on account of illness, and having been admitted to a private hospital at Bathinda. She was advised complete bed-rest for five days, and had also been asked to quarantine herself to

CWP-28796-2023 2 negate the possibility of getting affected by Covid-19. Her representation seeking another chance for verification of documents, dated 05.03.2021, Annexure P-5, was not decided by the respondents. Resultantly, she approached this Court by filing a writ petition bearing CWP No.6263 of 2021, which was disposed of vide order dated 18.03.2021, directing the respondent-Commisison to decide the representation within one week from receiving a certified copy of the order. Accordingly, the impugned order, dated 05.04.2021, was passed which declined the claim without any reasonable ground.

3.

Heard.

4.

A perusal of the impugned order shows that selection to the post of Art and Craft Teacher was under challenge before this Court, and was set aside vide judgment, dated 20.02.2015, passed in CWP No.18482 of 2020, which attained finality as it was upheld by the Division Bench, and SLP against the same was also dismissed by the Supreme Court on 14.12.2020. Consequently, selection was carried out all over again. In terms of the directions issued by this Court, entire selection process was required to be completed within a period of five months after the Commission started working post-lockdown period. Accordingly, vide the impugned order, the petitioner was not afforded another opportunity for document verification. It was also observed that there would be many more such candidates who could not appear for document verification due to various reasons, and no exception can be drawn in the petitioner's case. 5.

The petitioner was called for document verification along with other candidates on 04.03.2021. There is no provision to permit another chance for document verification. The impugned order declining the same to her was passed on 05.04.2021. She, however, did not take any action in the

CWP-28796-2023 3 matter that time, and chose to file the instant petition only after a delay of more than two and half years without any plausible explanation for the same. Besides, it is not disputed that selection process pursuant to the advertisement in question is already over and the selected candidates have been given appointments also, except in cases where litigation is pending. 6.

In these circumstances, finding no illegality in the impugned order and also on account of inordinate delay, this Court is not inclined to entertain the petition. It accordingly stands dismissed. (TRIBHUVAN DAHIYA) JUDGE 20.12.2023 Maninder Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No