130
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP-4315-2022
Date of Decision:04.03.2022
AMAN KOHLI AND ANOTHER
...Petitioners
Versus
STATE OF HARYANA AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present: Mr. Ishaan Bhardwaj, Advocate
for the petitioners.
Mr. Sharan Sethi, Addl. A.G., Haryana .
(Presence marked through Video Conference)
ARUN MONGA, J. (ORAL)
Petitioners herein, inter alia, seek issuance of a writ in the nature of mandamus directing the respondents to allow them to submit their documents for the purpose of scrutiny.
2. Learned counsel for the petitioners submits that pursuant to advertisement dated 20.07.2019, the petitioners being eligible applied for the post of Employability Skill Instructor under Scheduled Caste and BCA category, respectively. They were issued admit cards for written examination, which was held on 20.02.2020 and the result thereof was uploaded on the website after passing of almost two years i.e. on 08.02.2022. Grievance of the petitioners is that they were not been informed about the date for uploading the documents for scrutiny and by the time it came to their knowledge about the declaration of result and scrutiny of documents, and they tried to upload the same, the website was already showing that "the link is disabled for them". Learned counsel further submits that qua the aforesaid grievance, the petitioners registered a complaint on the link provided on the website of respondent No.3, but to no avail. Hence, the instant petition.
1 of 2 ::: Downloaded on - 05-03-2022 20:11:43 :::
3. Learned counsel for the petitioners relies on a judgment/order passed by this Court in CWP No.24836-2018 decided on 20.09.2021 titled as Dinesh Rathor vs State of Haryana and others contained at Annexure P-10.
4. On advance service, learned State counsel appears and submits that the competent authority shall take decision either way, in due course, by treating the instant petition as representation.
5. Learned counsel for the petitioners also agrees that let a final decision be taken, by the competent authority by treating the writ petition as a representation.
6. Given the nature of order being passed, there is no necessity to seek return by any of the respondents as no further proceedings and/or pleadings are required.
7. Without commenting on the merits of the case, the writ petition is disposed of with a direction to the competent authority to look into the grievance of the petitioner and also by keeping in view the contentions raised in the present petition by treating the same as representation and take a decision, by keeping in mind the judgment dated 20.09.2021 passed in CWP-24836-2018 (Annexure P-10), which has been relied upon by learned counsel for the petitioners and states that the case of the petitioners is squarely covered by the same, in accordance with law, within a period of 30 days.
8. Disposed of accordingly.
9. Meanwhile, till the passing of the orders as aforesaid, the petitioners shall be allowed to provisionally participate in the selection process by submitting their requisite documents either online or offline, depending upon the discretion of the respondents.
(ARUN MONGA)
JUDGE
04.03.2022
gurpreet
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
2 of 2
::: Downloaded on - 05-03-2022 20:11:44 :::