217

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CM NO. 3814-CWP-2021 AND

CM NO. 9823-CWP-2020 IN/AND

CWP NO. 9494 OF 2018

DATE OF DECISION: 19.04.2022

Poonam

&Petitioner

Versus

Haryana Staff Selection Commission

&Respondent

CORAM : HON9BLE MR. JUSTICE ARUN MONGA

Present :

Mr. Pawan Kumar, Senior Advocate with

Mr. Surya Kumar, Advocate,

for the applicant/petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

ARUN MONGA, J. (ORAL)

CM-3814-CWP-2021

For the reasons stated in the application, same is allowed and

affidavit along with Annexures A-6 to A-10 are taken on record, subject

to all just exceptions.

MAIN CASE (O&M)

Aggrieved by her non-selection as Staff Nurse in the

Backward Class-B category,claiming to be meritorious enough as per the

result declared by the Haryana Staff Selection Commission, petitioner is

before this Court. She inter alia seeks issuance of a writ in the nature of

certiorari to quash an order dated 23.01.2018 (Annexure P-13), vide

which her representation to treat her candidature in the Backward Class-B

Category (BCB) was rejected.

VANDANA

2022.04.20 10:28

I attest to the accuracy and

authenticity of this document.

2.

The facts are not in dispute and in any case not of much

relevance at this stage, since the petitioner9s candidature under the BCB

category has already been accepted/considered under the orders passed by

this Court on 06.09.2019. To that extent her grievance stands mitigated.

3.

The short controversy that survives for adjudication now is

whether there are currently any vacancies in BCB category; and whether

the petitioner is meritorious enough to be selected qua the said vacancies?

4.

In order to establish that the vacancies are indeed existing the

petitioner filed an affidavit dated 10.12.2020 making following positive

averments in paras 2 and 3 thereof:

<2. That there are number of post of Staff Nurse in the

category of BCB still lying vacant the reply filed by the

respondent Secretary Legal Haryana Staff Selection

Commission itself shows three post in the category of BCB of

Staff Nurse have been withheld and these three post are lying

withheld and the petitioner is hopefully next in the merit to

whom to post is to be offered.

3. That apart from these three post, the office director

general Health Service Haryana on the recommendation of

Haryana Staff Selection Commission Panchkula vide letter

dated 01.02.2018 recommended candidate to whom the offer

of appointment were issued to the post of Staff Nurse (c ) vide

office letter dated 04.02.2018, out of the total appointment

letter9s 46 candidates did not come forward to join the post

of Staff Nurse and ultimately vide letter dated 22.11.2018

issued by Director General, Health Services Haryana

cancelled the appointment of 46 candidates for the post of

Staff Nurse and out of these 46 candidates, the candidate at

serial No.6, 23, 24, 34, 38 they belong to BCB category in

which the petitioner belongs and after the cancellation of

these 05 letter of appointment as per the cancellation letter

dated 04.02.2018 these post are still lying this fact is clear

from the Annexure A-2 dated 22.11.2018 attached with CM

9823 of 2020 and respondent commission have also not

given any reply to the averment made in the para no.3 of

theapplication.=

5.

Apropos above, a short affidavit dated 21.02.2021 of Bharat

Bhushan Under Secretary, Haryana Staff Selection Commission has been

filed taking the following stand qua the vacancies on the post in question :

VANDANA

2022.04.20 10:28

I attest to the accuracy and

authenticity of this document.

<xxx

8.

That the another contention of the petitioner is that

few posts are still lying vacant and against those posts

petitioner can be adjusted. With regard to this contention of

the petitioner it is pertinent to mention here tha