Punjab-Haryana High Court
Kushager And Another vs State Of Haryana And Another on 23 November, 2023
Author: Ritu Bahri
Bench: Ritu Bahri
Neutral Citation No:=2023:PHHC:149665-DB
LPA-514-2022 (O&M) 2023:PHHC:149665-DB -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision: 23.11.2023
1. LPA-514-2022 (O&M)
Kushager and another
...Appellants
Vs.
State of Haryana and another
...Respondents
2. LPA-536-2022 (O&M)
Niharika Rawat and others
...Appellants
Vs.
State of Haryana and another
...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr. Vikas Singh, Advocate,
for the appellants (in LPA-514-2022).
Mr. Rahul Bansal, Advocate,
for Mr. D.R. Bansal, Advocate,
for the appellants (in LPA-536-2022).
Mr. Deepak Balyan, Addl. A.G., Haryana.
Mr. Kanwal Goyal, Advocate,
for respondent No.2.
***
Ritu Bahri, Acting Chief Justice
1. This judgment shall dispose of LPA-514-2022 and LPA-536-
2022 together as common questions of law and facts are involved in both
the appeals. For reference, facts are being taken up from LPA-514-2022.
2. The instant appeals, under Clause X of the Letters Patent
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Appeal, are against a common judgment dated 02.06.2022 passed by the
learned Single Bench of this Court, whereby petitions (CWP-10063-2022 &
CWP-9972-2022) filed by petitioner-appellants seeking setting aside of
public announcement dated 02.05.2022 qua an advertisement no.3/2021,
published on 26.02.2021, stating therein that no fresh applications were to
be invited for holding preliminary examination of Haryana Civil Services
(Executive Branch) and other Allied Services, have been dismissed.
3. Learned Single Judge, while dismissing the aforesaid petitions,
had observed that there was variation in the number of posts when the fresh
advertisement was issued. It was not a corrigendum, but entirely a fresh
process. It was further observed that the eligibility qua the age was to be
determined on or before the first day of January in the year the
advertisement was published. In the present case, the advertisement was
published in 2021 and the cut off date was taken in the year 2021 vis-a-vis
eligibility of age. The fixing of a particular date will always give rise to
unnecessary confusion because if, any date is fixed, many of the candidates
will become eligible either by virtue of their age or by virtue of their
academic qualification. With these observations, the writ petitions were
dismissed. Hence, the present appeals.
4. Upon notice, a short reply on behalf of respondent No.2-HPSC
has been filed, wherein it has been stated that pursuant to the announcement
dated 02.05.2022, preliminary examination for the post of H.C.S.
(Executive Branch) and other Allied Services-2021 was held on 24.07.2022
and result of the said examination was declared on 09.08.2022. Thereafter,
the main examination was also held on 29.10.2022 and 01.11.2022.
5. Learned counsel for respondent No.2 has informed that the
final result has been declared on 06.02.2023. Copy of the final result is
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taken on record as Annexure R-1.
6. Since, final result has already been declared, no cause of action
survives in the present appeals (LPA-514-2022 and LPA-536-2022).
7. Disposed of accordingly.
(RITU BAHRI)
ACTING CHIEF JUSTICE
(AMAN CHAUDHARY)
JUDGE
23.11.2023
ajp
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
Neutral Citation No:=2023:PHHC:149665-DB
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