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2014 Supreme(P&H) 444

IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Ms. Justice Ritu Bahri
C.W.P. No. 25791 of 2012 (O&M)
Sunder Pal & Ors.
v.
State of Haryana & Ors.
{Decided on 30/06/2014}

Advocates:
For the Petitioners:Mr. Rakesh Dhiman, Advocate.
For the Respondent: Mr. C.S. Bakshi, Addl. A.G. Haryana.
For the Respondents No. 6, 8, 10, 11 & 14:Mr. H.N. Sahu, Advocate.
For the Respondent No.13:Mr. S.K. Bawa, Advocate.

Headnote:Punjab Stamp Rules, 1934, R.26--Grant of Licence--Stamp vendors selection criteria--People with higher qualification and computer education would be more suited and preferred. (Para 15)

JUDGMENT

Ms. Ritu Bahri, J.: - This order shall dispose of C.W.P. Nos. 25791, 1219 of 2012 and 12646 of 2013 as common question of law and facts arise in all these cases. For the sake of convenience, facts have been taken from C.W.P. No. 25791 of 2012.

2. The petitioners are seeking a writ of certiorari for quashing the selection of permanent stamp vendor licensee in view of the advertisement dated 27.8.2009 by the respondent.

3. Petitioner No.1 is a physically handicapped person to the extent of 50% as per the Disability Certificate (Annexure P1) and is a permanent resident of Distt. Gurgaon as per the Voter Identity Card (Annexure P2). He was granted licence to work as an ad-hoc stamp vendor in the Court Compound vide order dated 30.1.2003 and since then he kept on working uptill 26.6.2009 (Annexures P3 to P13).

4. Respondent No.2 is a permanent resident of District Gurgaon and is 10th pass. He has been working as an ad-hoc stamp vendor in the Court Compound since 23.5.2005 till 27.5.2009.

5. Respondent No.3 is a permanent resident of District Gurgaon and is 46 years of age. He is 10th pass and has been working as an ad-hoc stamp vendor at Court Compound in Gurgaon since 3.6.2005 till 8.9.2009 without any adverse remarks.

6. Applications were invited to fill up the posts of Permanent Stamp Vendors in District Gurgaon vide Advertisement dated 27.8.2009 (Annexure P14) with the following conditions:-

“A. The candidate must be matriculate.

B. The candidate should be permanent r/o of same tehsil in which one wants to get licence.

C.He should have good financial status.

D.The application should be received by 15.09.2009.

7. The petitioners had filed C.W.P. Nos. 18168 and 19506 of 2009 in this Court seeking the benefit of past experience on account of working as ad-hoc stamp vendors at the time of regular selection. These petitions were disposed of vide order dated 8.9.2009 (Annexure P15) by observing that weightage be given to the petitioners on the basis of experience as ad-hoc stamp vendors.

8. Just two days before the interview, respondent No.3 formulated a new criteria (Annexure P16) as under:-

“1. Candidate should be matriculate.

2. Applicant who interested to get the licence in the Tehsil be permanent resident of the said Tehsil.

3. Applicant should be of good financial position.

4. The applicant should provide original certificates and one photostate copy thereof.

5. Only those application of candidates will be consdiered for the interview which received by 15.9.2009.

6. XXXXXXXX XXXXXXXXXX

There are following categorization in the reservations for ten seats of Gurgaon.

XXXXXXXXXX XXXXXXXX

9. The following qualifying marks shall be allotted on the basis of qualification and experience:-

-----------------------------------------------------------------------------------------------------------------------------------------

Qualifications Mark Sheet

-----------------------------------------------------------------------------------------------------------------------------------------

10 0

10+2 05

B.A. 05

M.A. 05

Experience

0 year to 01 year 01

1 year to 2 year 02

2 year to 4 year 03

Above more than 4 years 05

Computer education 05

Interview 10

Others Blank

-----------------------------------------------------------------------------------------------------------------------------------------

10. The petitioners in the present petition are challenging the criteria formulated by the respondents for calculating the marks kept for educational qualifications. There are no marks kept for the basic qualification i.e. Matric and special marks have been provided for computer education and higher qualifications. The said criteria is against the basic qualification mentioned under Rule 26 of the Punjab Stamp Rules, 1934, which is reproduced hereunder:-

“26. Grant of license to any person – (i) Subject to the provision of these rules the Collector, or other officer empowered by the Local Government in this behalf, may grant of















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