CWP No.8703 of 2018 (O&M)

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH

CWP No.8703 of 2018 (O&M)

Date of decision:22.10.2019

Rekha

... Petitioner

Vs.

State of Haryana and others

... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:-

Mr. R.K.Malik, Senior Advocate with

Mr. Sandeep Dhull, Advocate

for the petitioner.

Mr. Kiran Pal Singh, AAG, Haryana.

Mr. Vineet Dhanda, Advocate

for respondent no.4.

AMIT RAWAL J. (Oral)

Short point involved in present writ petition is whether

petitioner having been issued appointment letter after undergone the process

of selection for the post of Statistical Assistant vide order dated 21.03.2018

(Annexure P-4), can be cancelled few days thereafter, i.e on 30.03.2018

(Annexure P-5), on recommendation of Haryana Staff Selection

Commission for appointment being more meritorious.

Mr. R.K.Malik, learned senior counsel assisted by Mr. Sandeep

Dhull, Advocate appearing on behalf of the petitioner submits that in

pursuance to advertisement no.11 of 2015 dated 01.12.2015 caused by

Haryana Staff Selection Commission, applications were invited for filling

up the posts of Statistical Assistant by fixing the last date as 17.02.2016.

SAVITA KADIAN

2019.11.13 15:08

I attest to the accuracy and

integrity of this document

High Court Chandigarh

CWP No.8703 of 2018 (O&M)

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Numerous candidates including the petitioner applied for the

aforementioned post. The petitioner after having undergone the process of

written test, interview and scrutiny of documents, was issued appointment

letter whereas respondent no.4-Yogita was issued roll number 1151500216

and candidature of the petitioner was rejected by the Committee not being

eligible as she did not fulfill the condition of experience certificate. In this

regard, he drew the attention of this Court to written statement of Haryana

Staff Selection Commission wherein in paragraph 6, explained that

Commission on 11.01.2018 received the representation of respondent no.4

enclosing the experience certificate of three years i.e. w.e.f 01.02.2013 to

10.02.2016 which was accepted and was provisionally interviewed on

12.01.2018 (Annexure R-3/1). Committee considered the matter and found

that respondent no.4 fulfilled the condition of three years' experience

resulting into cancellation of candidature. The aforementioned decision of

Committee is wholly fallacious and do not stand on touchstone of

reasonability as information received vide Annexure P-9 reveals that

declaration forms of teaching faculties submitted during assessment of

College were available on the website i.e. www.mciindia.org. Annexure

P-10, reveals that respondent no.4 joined Chintpurni Medical College,

Pathankot, Gurdaspur on 29.03.2013 and therefore, she did not fulfill three

years experience condition one of eligibility condition in the advertisement.

Aforementioned contentions were fortified by referring to appointment

letter dated 29.03.2013 (Annexure P-11) and joining thereon.

Learned State Counsel and Mr. Vineet Dhanda, Advocate

SAVITA KADIAN

2019.11.13 15:08

I attest to the accuracy and

integrity of this document

High Court Chandigarh

CWP No.8703 of 2018 (O&M)

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appearing on behalf of respondent no.4 submitted that Court cannot sit in

appeal over the decision of Committee being expert noticing the eligibility

condition as she fulfilled the criteria of three years' experience being

essential eligibility condition, therefore, her candidature was inadvertently

rejected. Haryana Staff Selection Commission applied the principle of 'last

come first go'.

I have heard learned counsel for the parties and appraised paper

book. The eligibility condition of three years' experience is not in dispute.

It would be apt to reproduce paragraph 6 of the written statement of

Haryana Staff Selection Commission, a