JUDGMENT :

HARPREET SINGH BRAR J. 

1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari to quash the impugned orders dated 29.09.2022 (Annexure P-8) and 04.01.2023 (Annexure P-10) whereby the candidature of the petitioner for the post of Manager (Utility) with the Haryana State Industrial and Infrastructure Development Corporation (HSIIDC), in pursuance of advertisement No.1 (8)/2018 dated 21.07.2018 (Annexure P-1), was rejected. Further a writ of mandamus has been sought, directing respondent No.2 to consider the candidature of the petitioner for the post of ‘Manager [Utility] as eligible being having all essential qualification under General Category in pursuant to Advertisement No.1 (8)/2018 dated 21.07.2018 (Annexure P-1).

FACTUAL BACKGROUND

2. Respondent No.2-Haryana Public Service Commission (HPSC) (hereinafter ‘Commission’) issued an advertisement bearing No.1(8)/2018 dated 21.07.2018 (Annexure P-1) for direct recruitment to 07 posts of Manager (Utility) with respondent No.1-HSIIDC (hereinafter ‘Employer’). The petitioner applied for the same under General Category within the stipulated time period and also submitted the requisite certificates in the prescribed format. The application of the petitioner was found proper and roll No.4768 was allotted to him, as discernible from the admit card available at Annexure P-4. Thereafter, the Commission held a written examination on 14.09.2021. On 11.11.2021, the result thereof was declared and the successful candidates, including the petitioner, were invited for scrutiny of documents on 24.11.2021.

3. The petitioner appeared for document verification and upon scrutiny, no objection was raised by the Commission. However, subsequently, vide email/letter dated 28.06.2022 (Annexure P-6), the petitioner was informed that his candidature is liable to be rejected as the condition of 02 years of experience is not met. The employment of the petitioner with M/s Atcon Engineers was not counted towards the same for want of proof of employment i.e. Bank Statement, Form 26, EPF Record, ESI Record and NPS statement etc. The petitioner was further informed that he may submit a representation along with any documentary proof in this regard by 05.07.2022.Consequently, the petitioner approached the Commission vide email dated 05.07.2022 and submitted documents like cash salary slips, EPF Non-Applicability certificate, Experience certificate etc., to address the objections raised. Thereafter, the Commission vide impugned email dated 29.09.2022 (Annexure P-8) rejected the candidature of the petitioner stating that the requisite documents were not deposited by him.

4. The petitioner approached the Commission yet again vide representation dated 30.09.2022 (Annexure P-9) explaining why Bank Statement, Form 26, EPF Record, ESI Record and NPS statement etc., could not be submitted. However, vide order dated 04.01.2023 (Annexure P-10), the petitioner was informed that since the matter has attained finality, no action is required to be taken. Hence, the present writ petition.

CONTENTIONS

5. Learned Senior counsel for the petitioner inter alia contends that the eligibility criteria laid down by advertisement (Annexure P-1) requires a candidate to have at least 02 years of post- qualification experience as on 20.08.2018 i.e. the closing date for applications to the post of Manager (Utility) with the Commission. The petitioner worked at the post of Civil Engineer with M/s Atcon Engineers from 01.07.2016 to 22.08.2017 (1 year, 1 month and 22 days), as discernible from Annexure P-4 and as a Junior Engineer-Civil (on contract) with the Irrigation and Water Resources Department, Haryana from 23.08.2017 to 08.06.2020, as highlighted by Annexure P- 3. In view of the cut-off date prescribed by the advertisement (Annexure P-1), the service rendered by the petitioner from 23.08.2017 to 20.08.2018 (11 months and 29 days) in