Punjab-Haryana High Court
Sushil Kumar vs Haryana Staff Selection ... on 2 December, 2022
CWP No. 27535 of 2022
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(108) CWP No. 27535 of 2022
Date of Decision : 02.12.2022
Sushil Kumar
...Petitioner
Versus
Haryana Staff Selection Commission and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. R.K. Malik Senior Advocate with
Mr. Sachmeet Singh Randhawa, Advocate,
for the petitioner.
Mr. Harish Nain, Assistant Advocate General, Haryana.
****
Harsimran Singh Sethi J. (Oral)
In the present petition, the grievance of the petitioner is that the
the Economically Weaker Section Certificate dated 07.08.2019 (Annexure
P-6 ) submitted by him, which was attached with the application form, has
been ignored by the respondents so as to consider his claim in the reserved
category of EWS, while making selection to the post of Electrician
Instructor (Practical) as advertised vide advertisement No.12/2019.
Learned Senior Counsel appearing on behalf of the petitioner
submits that the petitioner had applied for the post in question being fully
eligible and as the petitioner belonged to the EWS and the respondents had
reserved 16 posts in the said reserved category, the petitioner's claim for
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consideration against the advertised post in the said reserved category needs
to be granted.
After the petitioner appeared in the written examination, the
result was declared and petitioner had obtained 43 marks, whereas the last
selected candidate in the EWS category had obtained 39 marks. The
petitioner submits that when he raised the grievance as to how he has not
been selected in the EWS category, in which he had applied for, the
respondents informed the petitioner that he did not submit the required
certificate to be considered in the reserved category of EWS as the
certificate dated 07.08.2019 (Annexure P-6) was incorrect and was not
meant for appointment in the State of Haryana.
Learned Senior Counsel appearing on behalf of the petitioner
submits that once the petitioner applied for issuance of the EWS Certificate
by giving the details of the income proof, any certificate issued by the
authorities of the Government of Haryana, even if incorrect, cannot cause
prejudice to the petitioner so as to claim the benefit under the said reserved
category hence, the respondents are under obligation to grant the petitioner
the benefit of the said certificate dated 07.08.2019 (Annexure P-6) and
consider his claim under the said category for selection and consequent
appointment to the post of Electrician Instructor (Practical).
The learned Senior Counsel also relies upon the judgment
passed by the Co-ordinate Bench in CWP No. 21217 of 2021 titled as Ajay
Bamel Vs. State of Haryana and others, decided on 09.05.2022, to
contend that in somewhat similar situation, while passing order in Ajay
Bamel's case (supra), the benefit as being claimed by the petitioner has
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already been extended to similarly situated candidate, therefore, the
petitioner is entitled for the same relief as extended by the Co-ordinate
Bench in Ajay Bamel's case (supra).
I have heard learned senior counsel appearing on behalf of the
petitioner and have gone through the record with his able assistance.
It has been brought to the knowledge of this Court that there is
a different criteria for the grant of EWS Certificate in respect of the posts,
which are to be filled up by the Government of India and in respect of posts,
which are to be filled up by the Government of Haryana. The maximum
income prescribed for EWS certificate for appointment to a post under the
Government of India is `8 lacs whereas, for the Government of Haryana,
the same is `6 lacs and different/separate certificates are issued for both as
and when applied for.
In the present case, the petitioner is relying upon the EWS
Certificate dated 07.08.2019, copy of which has been appended as
Annexure P-6, which clearly depicts that the same is for appointment in
respect of jobs with the Government of India and not the Government of
Haryana. Keeping in view the above fact, the claim of the petitioner as
raised in the present petition needs to be considered. It has been claimed
that the EWS certificate which the petitioner is trying to bring into
operation, can be taken into account by the respondent-Commission while
considering the claim of the petitioner for selection to the post of Electrician
Instructor (Practical) as advertised vide advertisement dated 12/2019.
It is a conceded position that the post in question, qua which
petitioner was competing and is claiming selection, is with the Government
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of Haryana and for appointment under Government of Haryana, a particular
certificate is issued so as to consider the claim under EWS Category,
wherein, it is clearly depicted that the family income of a candidate is less
than `6 lacs. In the certificate which has been issued to the petitioner, the
family income of the petitioner has been certified to be less than `8 lacs and
it is mentioned in the said certificate that same is only for appointment qua
job offered by Govt. of India. That being so the said certificate (Annexure
P-6) cannot be taken into operation for considering the claim of a candidate
for appointment against the posts which are within the purview of the State
of Haryana under EWS Category.
Learned Senior Counsel appearing on behalf of the petitioner
submits that while considering the claim, the respondent-Commission
cannot ignore the fact that the family income of the petitioner was less than
even `6 lacs hence, the petitioner should have been given benefit under the
EWS keeping in view the application submitted by the petitioner at the time
of issuance of the EWS Certificate dated 07.08.2019 (Annexure P-6).
It is a conceded position that only the certificates are taken into
account and not the documents which are relied upon by a candidate for the
issuance of the said certificate. Those documents, which are needed for the
issuance of the EWS certificate, are within the purview of a particular
department which issued the said certificate and the Commission is only
required to see the ultimate final certificate which has been issued in favour
of a particular candidate. The petitioner should have been careful while
accepting the certificate dated 07.08.2019 (Annexure P-6), which clearly
depicted that the same is only for the use of jobs/admissions under the
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Government of India and the same will not be applicable qua appointment
to the posts/admissions with the State of Haryana. Once the petitioner was
not diligent enough to notice the same, no grievance can be raised by the
petitioner in this regard. Learned Senior counsel conceded the fact that after
the last date of submission of application form, petitioner applied for the
correct EWS certificate, which is needed for applying qua the post in State
of Haryana and same was issued but by the date, selection process was near
completion.
As far as the claim of the petitioner that his case is covered by
the judgment of the Co-ordinate Bench in Ajay Bamel's case (supra), the
same cannot be given benefit for the reason that in the LPA No.873 of
2022, the said order has already been stayed. Even otherwise, the said order
was passed on the ground that there was a discrepancy in the certificate
issued to the petitioner therein i.e. in respect of mentioning of the income
less than `6 lacs, it was mentioned "less than `8 lacs." The fact that there
are two different EWS certificates issued with respect to the jobs of the
Government of India and Government of Haryana was not brought to the
notice of the Co-ordinate Bench in the case of Ajay Bamel's case (supra).
Keeping in view the above, no ground is made out for
interference by this Court in the facts and circumstances of the present case.
Dismissed.
December 2, 2022 (HARSIMRAN SINGH SETHI)
Sapna/kanchan JUDGE
Whether speaking/reasoned : Yes
Whether reportable : No
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