Savita vs State Of Haryana And Others
2023 Latest Caselaw 3603 P&H

                                                      Neutral Citation No:=2023:PHHC:050755




                                                               2023:PHHC:050755

         IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                        CHANDIGARH

226                                           CWP-20372-2017 (O&M)
                                              Date of decision: 11.04.2023

Savita

                                                                       ...Petitioner

                                     Versus

State of Haryana and others

                                                                  .....Respondents

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:-   Mr. Jasbir Mor, Advocate for the petitioner.

            Ms. Tanushree Gupta, DAG Haryana.

            ****

HARNARESH SINGH GILL, J. (ORAL)

Prayer in the present petition is for issuance of a writ in the

nature of Certiorari quashing the order dated 11.08.2017 (Annexure P-9)

passed by the Director Elementary Education, Haryana, whereby the

candidature of the petitioner for the post of Junior Basic Teacher (JBT) in the

cadre of Rest of Haryana except Mewat in terms of the Advt. No. 02/2012

(Cat. No.1) dated 08.11.2012 and notice/advertisement dated 15.11.2013 was

cancelled. A further prayer is for issuance of a writ in the nature of

Mandamus directing the respondents to allow the petitioner to give the

samples of her signatures/thumb impressions to the constituted Team and

officials of the State Crime Record Bureau, Madhuban, Karnal.

At the outset, learned State counsel draws the attention of this

Court towards the letter dated 11.04.2023 issued by the Directorate of

Elementary Education, Haryana, wherein it is mentioned that the name of the

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petitioner was recommended by the Haryana Staff Selection Commission

vide letter dated 04.08.2015 in waiting list in compliance of order passed in

CWP-346-2013 titled as 'Antim Kumari & Ors. Vs. State of Haryana & Ors.'.

It is further mentioned therein that the report from the FSL Madhuban,

Karnal, qua the petitioner, had been received and that in view of the judgment

dated 13.09.2022 rendered by the Hon'ble Apex Court in SLP Diary No.

25269 of 2022 titled as 'Vikas Kumar & Ors. Vs. State of Haryana and Ors'

(arising out of impugned final judgment and order dated 20-07-2022 in LPA

No. 912/2016 passed by the High Court of Punjab & Haryana at Chandigarh),

the petitioner could not be granted the benefit of appointment, being selected

in the 2nd waiting list.

I have heard the learned counsel for the parties and have also

gone through the paper-book.

As noticed above, the stand of the respondent-State is based on

the communication dated 11.04.2023 issued by the Directorate of Elementary

Education, Haryana to the effect that the name of the petitioner was in the

second waiting list and in view of the judgment in Vikas Kumar's case

(supra), she could not be given appointment. The said stand could not be

disputed by the learned counsel for the petitioner.

In view of the above, the present petition is dismissed.

                                   (HARNARESH SINGH GILL)
                                         JUDGE
11.04.2023
Mangal Singh
               Whether reasoned/speaking?       Yes/No
               Whether reportable?              Yes/No




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