HIGH COURT OF PUNJAB AND HARYANA
REKHA – Appellant
Versus
STATE OF HARYANA AND ORS – Respondent
CWP 8703/2018
CWP No.8703 of 2018 (O&M)
{1}
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)
{2}
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)
{3}
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