Asha Deep vs State Of Haryana And Others
2023 Latest Caselaw 1924 P&H

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

115                                           CWP-1744-2023 (O&M)
                                              Date of decision: 30.01.2023

Asha Deep

                                                                   ...Petitioner

                                     Versus

State of Haryana and others

                                                               .....Respondents

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:    Mr. Ashish Gupta, Advocate for the petitioner.

            Mr. R.S. Budhwar, Addl. AG Haryana.

            ****

HARNARESH SINGH GILL, J. (ORAL)

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

nature of mandamus directing the respondents to award four marks to the

petitioner under the Experience Column in the result for the post of Trained

Graduate Teacher (TGT) English, on the basis of re-issued experience

certificate dated 01.11.2022 (Annexure P-7) pertaining to New Lahoria Vidya

Mandir Senior Secondary School, Hisar, because the same were not given as

the earlier experience certificate dated 14.04.2015 (Annexure P-5) was not

duly stamped from the office of respondent Nos. 4 and 5.

Learned counsel for the petitioner submits that the petitioner had

applied for the post of TGT English, being eligible, in terms of advertisement

issued by respondent No.2-Haryana Staff Selection Commission, on

23.07.2015; that the petitioner is possessing all the requisite educational

qualifications and documents, but the experience certificate dated 14.04.2015

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115 CWP-1744-2023 (O&M) -2-

(Annexure P-5) which was placed before the Screening Committee was not

countersigned by the Director, Elementary Education, Haryana; that the

petitioner applied for new/fresh experience certificate and the same was re-

issued on 01.11.2022 (Annexure P-7) and that in view of Annexure P-7, the

petitioner is entitled for awarding marks for the experience.

Learned counsel for the petitioner further submits that the

selection process is going on and few seats are still lying vacant.

Notice of motion.

On the asking of this Court, learned State counsel accepts notice

on behalf of the respondent-State and submits that the petitioner is not entitled

for relief as prayed for in view of the judgment render by Hon'ble Supreme

Court in 'Ashok Kumar Sonkar Vs. Union of India and others', 2007(4) SCC

54, as the final result was declared on 04.10.2022 and at that time, the

petitioner was not possessing the experience certificate in terms of

advertisement dated 23.07.2015.

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

gone through the case file.

The petitioner had applied for the post of TGT English, being

eligible, in terms of advertisement issued by respondent No.2-Haryana Staff

Selection Commission, on 23.07.2015. The experience certificate dated

14.04.2015 (Annexure P-5) produced by the petitioner was not countersigned

by the Director, Elementary Education, Haryana and new/fresh experience

certificate was re-issued on 01.11.2022 (Annexure P-7), whereas the final

selection result was declared on 04.10.2022. Since the petitioner was not

having proper/requisite experience certificate in terms of the advertisement

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115 CWP-1744-2023 (O&M) -3-

dated 23.07.2015 at the relevant time and in view of the law laid down by the

Hon'ble Supreme Court in Ashok Kumar Sonkar's case (supra), no direction

can be issued to the respondents as prayed for.

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

                                   (HARNARESH SINGH GILL)
                                         JUDGE
30.01.2023
Mangal Singh



               Whether reasoned/speaking?       Yes/No
               Whether reportable?              Yes/No




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