IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

209 CWP-20502-2017 DECIDED ON:09.09.2025 PANKAJ RANI ...PETITIONER VERSUS STATE OF HARYANA AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Jaivir Yadav, Sr. Advocate with Sh. Ashutosh Sharma, Advocate Sh. Gursimrat Singh, Advocate for the petitioner Mr. R.D. Sharma, DAG Haryana Mr. Bhupinder Malik, Advocate for respondent no. 4 Mr. P.K. Mutneja, Sr. Advocate with Mr. Suverna Mutneja, Advocate and Mr. Brijesh Kumar, Advocate for respondent no. 5 ****

SANDEEP MOUDGIL, J

1. Prayer The present writ petition has been filed by the petitioner under Article 226/227 of the Constitution of India seeking issuance of a writ in the nature of Certiorari for quashing the action of respondent No. 2 in rejecting the candidature of the petitioner for the post of Staff Nurse advertised under Advertisement No. 01/2015 dated 19.06.2015 and also direction to the respondents to consider her candidature for the said post, under the Outstanding Sports Person (OSP) - BCA category.

2. Brief Facts The petitioner applied for the post of Staff Nurse under Advertisement No. 01/2015 dated 19.06.2015 issued by respondent No. 2, under the Outstanding Sports Person (OSP) - BCA category. She appeared for the written examination held on 15.01.2017 and was declared qualified, after which she was called for document verification on 22.05.2017. However, she failed to produce the requisite Gradation Certificate from the Department of Sports and Youth Affairs, Haryana, on the said date. Instead, she submitted provisional gradation certificates issued by the District Sports and Youth Affairs Officer and requested for one day's time to submit the original certificate. She claims to have submitted the required Gradation Certificate on 23.05.2017, but her name was not included in the list of candidates called for interview published on 11.08.2017. Despite submitting a representation dated

16.08.2017, no response was received.

Aggrieved by the rejection of her candidature without any reason, the petitioner has approached this Court seeking issuance of a writ to set aside the impugned action and to direct consideration of her candidature.

3. Contentions On behalf of Petitioner Learned counsel for the petitioner submits that the petitioner was fully eligible for consideration under the Outstanding Sports Person (OSP) – BCA category as per Advertisement No. 01/2015 issued by the respondent authority and successfully cleared the written examination held on 15.01.2017, was accordingly called for document verification on 22.05.2017. On the said date, though the petitioner could not produce the original Gradation Certificate issued by the competent authority (i.e., the Department of Sports and Youth Affairs, Haryana), she submitted provisional certificates issued by the District Sports Officer and requested the Scrutiny Committee to grant her a short time to produce the original certificate.

Counsel further submitted that the Committee orally permitted the petitioner to submit the certificate the following day. Relying on this assurance, the petitioner obtained and submitted the original Gradation Certificate on 23.05.2017 before 11:00 AM. It was argued that despite compliance, the petitioner’s name was omitted from the list of candidates shortlisted for interview, published on 11.08.2017, without assigning any reasons.

Counsel further contends that a representation was made by the petitioner on 16.08.2017 requesting reconsideration, but the same remained undecided. It is urged that the petitioner was unjustly excluded despite fulfilling all eligibility conditions and complying with the process in good faith. The action of the respondents was alleged to be arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution of India, as well as the principles of natural justice.

On behalf of Respondents Learned counsel for the respondent vehemently denies the allegations made by the peti