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2023 Supreme(P&H) 2414

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANIL KSHETARPAL, J.
Harvinder Singh – Petitioner
Versus
State of Punjab & Ors. – Respondents
CWP NO. 17436 of 2013 (O&M)
Decided On : 03-07-2023

Advocates Appeared:
Mr. D.S.Patwalia, Sr. Advocate with Mr. A.S.Chadha, Advocate; For the Petitioner
For the Respondent: Mr. D.K.Singal, Addl. AG, Punjab.
Mr. Gurnam Singh, Advocate for Respondent no.5 to 7

Headnote:(A) Relevant legal precedents - The principle of strict adherence to application requirements regarding experience certificates as established in Indu Gupta v. Director, Sports Punjab AIR 1999 (P&H) 319 - A candidate's application must be complete and submitted before the specified cut-off date. (Paras 10, 12)

(B) Recruitment Processes - The court emphasized that any deviation from the stipulated procedural requirements in recruitment notices should be provided with clear public notice to enable all candidates to comply with such requirements. (Paras 12, 14)

Facts of the case:
The petitioner challenged the rejection of his application for the Assistant Director posts due to alleged ineligibility based on experience requirements in the recruitment notice issued on 09.04.2013, while the competition submitted experience post cut-off date.

Findings of Court:
The court supported the eligibility of private respondents retaining the validity of the selection process despite procedural irregularity and urged for future clarity in recruitment processes.

Issues: The court evaluated the clarity of eligibility requirements in recruitment notices and the implications of submitting documents after the cut-off date.

Ratio Decidendi: The court ruled that candidates must submit all requisite documentation before the cut-off date; any relaxation must be transparently communicated, supporting the decision based on precedents regarding procedural adherence.

Result: Writ petition disposed of.

Table of Content
1. eligibility criteria for assistant director position. (Para 2 , 3 , 4)
2. court's analysis of cut-off date and procedural requirements. (Para 5 , 10 , 11 , 12 , 13)
3. arguments regarding submission deadlines and eligibility. (Para 6 , 8 , 9)
4. final conclusion on the writ petition and directions. (Para 14 , 15 , 16)

JUDGMENT

Anil Kshetarpal, J.

The experience during the last five months after having been assigned the roster of the Punjab Govt. Service shows more often than not the Punjab Public Service Commission, Punjab Subordinate Service Selection Board and the Departmental Selection Committees constituted by the Government or the Public Sector undertaking to take liberties to infringe the well settled legal position resulting in over burdening the dockets of the Courts. Driven by a painful experience of facing this situation on every Court working day this observation is being made. It is expected that the competent authorities at the highest level will take note of these observations in order to implement the steps to avoid chances of such occurrences at regular intervals.

2. Back to the facts. The petitioner while filing the writ of Certiorari to quash the selection and appointment of respondent no. 5 to 7 as the Assistant Directors in the Department of Sports, prays for issuance of a writ in the nature of Mandamus directing the respondent to consider him for the appointment.

3. The relevant facts, in brief, are required to be noticed in order to grasp the pivotal issue which requires adjudication. The recruitment notice to invite applications from the eligible candidates for recruitment to 13 posts of the Assistant Directors in the Department of Sport and Youth Services, Punjab, was issued on 09.04.2013. Clause (3), (5) and clause (e) of the Important Note reads as under:-

    "3. Essential Qualifications

    a) For candidates belonging to General category:

    i) Should be M.A Second Division from a recognized University.

    ii) Should be a Graduate of a recognized university with Social Science as one of the subjects. Provided that preference will be given to M.A in any subject of social sciences.

    iii) Should have an experience of National Service Scheme or National Cadet Corps for a minimum period of two years.

    Note: Preference will be given to those who have worked in the student's welfare, sports and cultural organization and youth welfare activities.

    b) For Ex-Serviceman:-

    i) Should be Graduate of a recognized University.

    ii) Should have held a post not below the rank of Lieutenant in the Armed Forces of the Union and should have served as Commissioned Officer, for a minimum period of five years.

    Provided that preference will be given to those persons who have served as an National Cadet Corps Officer for a minimum period of two years or National Service Scheme.

    c) Punjabi of Matric or its equivalent standard.

    Qualification of Punjabi is essential for these postsrelaxable for Sikh Migrants upto the extent that they will have to acquire such qualification within two years after joining the service failing which their services shall liable to be terminated). For this purpose a Matriculation or its equivalent certificate for having passed Punjabi will be necessary.

    xxxxxx

    5. Submission of Application Form:

    Candidates May Downloadthe Application Form from the website www.ppsc.gov.inOR obtain the Application Form from the office of Punjab Public Service Commission, Baradari Gardens, Patiala w.e.f 12/04/2012and submit to the Secretary, Punjab Public Service Commission, Baradari Gardens, Patiala.

    Application form must reach the office of Secretary, Punjab Public Service Commission, Patiala, latest by 5:00 pm on or before 14/05/2012 alongwith prescribed fee and documents. Responsibility for any postal delay will be that of the candidate.

    Application forms that are wrongly filled or incomplete or received late, or not accompanied by the requisite fee and attested copies of certificates regarding Date of Birth, Degree, Matriculation Certi

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