Monika vs Haryana Staff Selection ...
2023 Latest Caselaw 15178 P&H

                                                   Neutral Citation No:=2023:PHHC:116873




CWP No. 24590 of 2018                         2023:PHHC:116873
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        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

(221)                                 CWP No. 24590 of 2018
                                      Date of Decision : 05.09.2023
Monika                                                  ...Petitioner
                                 Versus

Haryana Staff Selection Commission                          ...Respondent

CORAM:       HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:     Mr. Surinder Singh Duhan, Advocate for the petitioner.

             Mr. Harish Nain, Assistant Advocate General, Haryana.
             ***

Harsimran Singh Sethi J. (Oral)

1. In the present petition, the claim of the petitioner is that in

pursuance to the Advertisement No. 7/2016 (Annexure P-1), the

petitioner applied for the post of Supervisor (Female) for which the

petitioner claimed that she was fully eligible.

2. As per the petitioner, she had applied in the BC-A Category

and competed under the said Category. Thereafter, the petitioner filed a

representation with the respondents that she belongs to BC-B Category

and not BC-A, hence, her candidature be considered in the BC-B

Category instead of BC-A Category.

3. In the reply filed, the respondents have stated that once the

petitioner has applied under a particular Category, keeping in view the

terms and conditions of the Advertisement, the said Category cannot be

changed. Learned counsel for the respondents further submits that as per

the settled principle of law settled in Civil Appeal No. 198 of 2005 titled

as J & K Public Service Commission Vs. Issar Ahmad and Others,

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decided on 07.01.2005, the Category in which a candidate applies, can

only be treated as a relevant Category for considering the claim of such

candidate and the candidate cannot be allowed to change the Category

after the last date of submission of the application form, hence, the claim

of the petitioner can only be considered in BC-A Category. The relevant

paragraph 6 of the said judgment is as under :-

"6. We have considered the rival contentions advanced by both the parties. The contention of the first respondent cannot be accepted as he has not applied for the selection as a candidate entitled to get reservation. He did not produce any certificate along with his application. The fact that he has not availed the benefit for the preliminary examination itself is sufficient to treat him as a candidate not entitled to get reservation. He passed the preliminary examination as a general candidate and at the subsequent stage of the main examination he cannot avail the the reservation on the ground that he was successful in getting the required certificate only at a later stage. The nature and status of the candidate who was applying for the selection could only be treated alike and once a candidate has chosen to opt for the category to which he is entitled, he cannot later change the status and make fresh claim. The Division Bench was not correct in holding that as a candidate he had also had the qualification and the production of the certificate at later stage would make him entitled to seek reservation. Therefore, we set aside the judgment of the Division Bench and allow the appeal."

4. Learned counsel for the petitioner submits that keeping in

view the fact that the petitioner has already undergone the selection

process under the orders of the Court, the petitioner be considered under

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the Category BC-A keeping in view the eligibility provided and an

appropriate order be passed keeping in view the merit position of the

petitioner in the said category.

5. Learned counsel for the respondents submits that the claim

of petitioner will be considered under the Category in which she has

applied i.e. BC-A and appropriate order will be passed as to whether, the

petitioner is entitled to compete under the said Category and in case, she

is found eligible to compete in the BC-A Category as she has already

undergone selection process under the order of this Court, keeping in

view her merit position, whether or not she is entitled for selection and

consequent appointment, appropriate order will be passed within a period

of eight weeks of the receipt of copy of this order.

6. Learned counsel for the petitioner submits that keeping in

view the said statement of learned counsel for the respondents, the

present petition may kindly be disposed of having been not pressed any

further.

7. Ordered accordingly.

September 05, 2023                              (HARSIMRAN SINGH SETHI)
kanchan                                                  JUDGE

             Whether speaking/reasoned : Yes/No

             Whether reportable                  : Yes/No




                                                        Neutral Citation No:=2023:PHHC:116873

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