Dalbir vs Haryana Staff Selection ...
2022 Latest Caselaw 6565 P&H

(109-2) CM No. 9601-CWP of 2022 in/and CWP No. 9906 of 2021               -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT
              CHANDIGARH

                                          CM No. 9601-CWP of 2022 in/and
                                          CWP No. 9906 of 2021
                                          Date of decision: 11.07.2022

Dalbir                                                         ...... Petitioner.

                                   Versus

Haryana Staff Selection Commission and another                ..... Respondents.


CORAM: HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present:-   Mr. R.K. Malik, Senior Advocate, with
            Mr. Sandeep Dhull, Advocate, for the applicant/petitioner.

            Mr. Anant Kataria, DAG, Haryana, for respondent No. 1.

            Mr. Sant Kashyap, Advocate, for
            Mr. Samarth Sagar, Advocate, for respondent No. 2.

                          ****

ANUPINDER SINGH GREWAL, J. (ORAL)

CM No. 9601-CWP of 2022

This application is for disposing of the petition in terms of the

judgment dated 28.04.2022 passed in CWP No. 2667 of 2022 titled as 'Omroj

versus Haryana Staff Selection Commission and others'.

Heard. For the reasons stated in the application, the same is

allowed and the main case is taken up for hearing today itself.

CWP No. 9906 of 2021

Learned senior counsel appearing for the petitioner submits that

the petitioner, who had applied for the post of Junior System Engineer

against 'general' category, had secured 94 marks, but he was not considered

under the EWS category, as some discrepancies were stated to be there in the

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documents which he had submitted for consideration in this category. He,

however, submits that the last selected candidate in 'general' category had

secured 93 marks while the petitioner had secured 94 marks and, therefore,

the petitioner is entitled to be considered for appointment in the 'general'

category. He had sent a representation (Annexure P4) to the respondents on

23.04.2021 for considering him in this category. He has relied upon the

judgments of this Court in the cases of 'Om Roj vs. Haryana Staff Selection

Commission and others', CWP No. 2667 of 2022 decided on 28.04.2022

(Annexure P5) and 'Mohd. Rafeeq Ahmed vs. State of Haryana and others',

CWP No. 15415 of 2009 decided on 30.11.2009 (Annexure P6). He further

submits that the petition be disposed of with a direction to the respondents to

consider and decide the representation of the petitioner (Annexure P4) in the

light of the aforementioned judgments passed by this Court in Om Roj's case

(supra) and Mohd. Rafeeq Ahmed's case (supra).

Heard.

The petition is disposed of with a direction to respondent No. 1

to consider and decide the representation of the petitioner (Annexure P4) in

the light of the aforementioned judgments and other relevant material and

pass a speaking order in accordance with law within a period of one month

from the date of receipt of certified copy of this order.

                                           (ANUPINDER SINGH GREWAL)
11.07.2022                                            JUDGE
Ramesh

                   Whether speaking/reasoned          :     Yes/No
                   Whether reportable                 :     Yes/No




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