IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHRUTI JAIN – Appellant
Versus
STATE OF HARYANA AND ORS – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 07.03.2025 Shruti Jain …Petitioner Versus State of Haryana and others …Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present: - Mr. Shailendra Jain, Senior Advocate with Mr. Munish Kumar, Advocate and Mr. Karan Nehra, Advocate, Advocate for the petitioner Ms. Palika Monga, Deputy Advocate General, Haryana Dr. Neha Awasthi, Advocate for respondent No.2 Mr. Udit Garg, Advocate for respondent No.3 Mr. Deepak Girotra, Advocate and Ms. Nirmala Jangra, Advocate for respondent Nos.4, 6 & 7 ***
JAGMOHAN BANSAL, J. (Oral)
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of selection of respondent Nos.4 to 7. She is further seeking direction to official respondent to appoint her on the post of Accounts Officer with Uttar Haryana Bijli Vitran Nigam Limited.
2. The petitioner, pursuant to Advertisement No.11 dated 23.02.2016, applied for the post of Accounts Officer in Uttar Haryana Bijli Vitran Nigam Limited (for short ‘UHBVNL’). In the advertisement, essential qualification for the said post was prescribed. For the ready reference, relevant clause of the advertisement is reproduced as below: -
“Essential Qualifications (for the post of Accounts Officer in UHBVNL (Cat. No.2):
(i) Person having degree in Chartered Accountant (CA) with 2 years experience in supervisory capacity after passing CA examination.
OR Institution of Cost & Works Accountants (ICWA) with 4 years experience in Supervisory capacity after passing the ICWA examination.
(ii) Must have passed Hindi/Sanskrit up to Matric Standard or same subject having qualification in higher degree.”
3. In the advertisement, it was specifically mentioned that online applications can be filed upto 25.03.2016 by using Commission’s website after which the link will be disabled. In the advertisement, nowhere it was prescribed that there would be marks for publication. The petitioner has five publications, however, she did not disclose her publications in the application form because there was no column in the application form. The respondent issued interview letter to 65 candidates, however, 45 appeared. The candidates were called for interview through call letter. Call letter dated
28.02.2018 issued to the petitioner is reproduced as below:-
“From Secretary, Haryana Public Service Commission, Panchkula (Haryana)
To, Shruti Jain D/o Anil Kumar Jain Roll No.126 No.RG 51/2015/20337 Dated: 28.2.18 Subject: Recruitment to the 04 posts of Account Officer in UHBVNL, Advt.
No. 11(2)/2015.
Memo, Reference your application for the above cited subject.
2. You are directed to appear before the Commission for interview on 9/3/18 at 09:30 A.M.
sharp in Commission’s office at Panchkula.
3. You are further directed to bring all the original certificates at the time of interview in support of your claim regarding age, qualifications, date of birth, experience etc. and also to submit attested copies of the following documents at the time of interview:-
i. Matriculation certificate or equivalent academic qualification certificate indicating date of birth.
ii. Proof of Hindi/Sanskrit upto Matric or Higher Education.
iii. Mark sheet of 10th, 10+2 B.Sc./M.Sc.
(consolidated required).
iv. Degree/certificate of CA/ICWA before the closing date 25.03.2016.
v. Experience certificate after passing CA/ICWA in supervising capacity.
vi. No objection certificate from the appointing authority in case you are serving in a Govt./semi Govt. organization under any state Govt. or Govt. of India otherwise you will not be interviewed.
vii. Certificate of belonging to SC of Haryana from parental side (in case of women).
viii. Domicile of Haryana required.
ix. Unsigned application, signed at the time of interview.
x. ____________________________________ xi. ____________________________________ xii. ____________________________________
Note: 1. The marks will be awarded for only those certificates/documents etc.
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