Haryana Staff Selection Commission vs Naresh Kumar And Ors
2023 Latest Caselaw 20920 P&H

Citation : 2023 Latest Caselaw 20920 P&H
Judgement Date : 2 December, 2023

Punjab-Haryana High Court

Haryana Staff Selection Commission vs Naresh Kumar And Ors on 2 December, 2023

Author: Ritu Bahri

Bench: Ritu Bahri

                                                 Neutral Citation No:=2023:PHHC:153679-DB




LPA-699-2023 (O&M)                 2023:PHHC:153679-DB                 -1-

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                         LPA-699-2023 (O&M)
                                         Date of decision: 02.12.2023

Haryana Staff Selection Commission                           ...Appellant

                          Vs.

Naresh Kumar and others                                      ...Respondents


CORAM:      HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE
            HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:    Mr. Deepak Balyan, Addl. A.G., Haryana,
            for the appellant.

            Mr. Rajat Mor, Advocate,
            for respondent No.1.
                   ***

Ritu Bahri, Acting Chief Justice

CM-1823-LPA-2023 CM-1825-LPA-2023

1. For the reasons mentioned in the applications, same are allowed

and delay of 42 days in filing and 67 days in re-filing of the appeal is

condoned.

LPA-699-2023 (O&M)

2. The instant appeal, under Clause X of the Letters Patent

Appeal, is against the judgment dated 14.11.2022 passed by the learned

Single Judge of this Court, whereby petition (CWP-17499-2017) filed by

petitioner-respondent No.1 has been allowed and the respondent No.3-

Commission (appellant herein) has been directed to award 01 mark to the

petitioner by considering his post-graduation mark sheets, as per criteria

laid donw in the advertisement dated 19.07.2015 and offer him appointment

letter for the post of Male Constable (General Duty) under BCB category.

3. A perusal of the impugned judgment shows that at the time of 1 of 3

Neutral Citation No:=2023:PHHC:153679-DB

LPA-699-2023 (O&M) 2023:PHHC:153679-DB -2-

interview, petitioner-respondent No.1 had supplied the post graduation

marks sheet to the commission. The appellant-commission did not give any

marks to respondent No.1 for his post graduation marks sheet, which was

submitted at the time of interview. The petitioner had sought this

information from the commission under the Right to Information Act, 2005.

Annexure P-16 was the information given by the appellant-commission,

which had been attached with the application form submitted at the time of

scrutiny and marks sheet of MBA was part of the said information. The

attendance sheet (Annexure R3/3), which was attached with the written

statement, reflected that against the category of MBA, no document had

been attached. This was the mistake committed by the appellant-

commission, which had been clarified by petitioner-respondent No.1 by

getting information under the Right to Information Act, 2005 (Annexure P-

16).

4. The learned Single Judge has observed that petitioner

(respondent No.1) had cleared his fourth semester examination of MBA

from the Global Open University on 10.04.2015 much before applying for

the post in question. Hence, for all intents and purpose, he was entitled for

getting one (01) mark for his higher qualification i.e. MBA.

5. Learned counsel for the appellant-commission has agrued that

this fact was not mentioned in the application form, which was filed before

the cut off date and hence, he (respondent No.1) cannot get the benefit of 01

mark by producing this certificate at the time of scrutiny of document. He

has relied upon the judgment passed by Hon'ble the Supreme Couirt in The

State of Bihar and others vs. Madhu Kant Ranjan and another, 2022 (1) SCT 223, wherein it has been held that a candidate has to comply with all the conditions/eligibility criteria as per advertisement before cut off date 2 of 3

Neutral Citation No:=2023:PHHC:153679-DB

LPA-699-2023 (O&M) 2023:PHHC:153679-DB -3-

unless extended by recruiting authority. This judgment has also been considered by the learned Single Judge.

6. However, the aforesaid judgment will not be applicable to the facts

of the present case, as the appellant-commission, in the present case, vide

resolution dated 20.06.2017, had resolved that claim of the candidates, who had

not produced the evidence regarding educational qualification, NCC certificates

etc., can produce the same at the time of scrutiny of documents/interview/viva

voce and those documents will be considered with immediate effect.

7. Learned counsel for the appellant-commission has not been able to

dispute the fact that resolution dated 20.06.2017 was issued by the Haryana Staff

Selection Commission-appellant.