Punjab-Haryana High Court
Mamta vs State Of Haryana And Another on 2 April, 2024
2024:PHHC:043471
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Sr. No.: 110
Civil Writ Petition No.4796 of 2024
Date of Decision: April 02, 2024
Mamta
..... PETITIONER
VERSUS
State of Haryana & another
..... RESPONDENT(S)
...
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
...
PRESENT: - Mr. Baljeet Beniwal, Advocate, for the petitioner.
Mr. Sanjeev Kaushik, Additional Advocate General,
Haryana.
. . .
Tribhuvan Dahiya, J (Oral)
The petition has been filed, inter alia, seeking a writ of
mandamus directing the respondents to make necessary correction/changes
in the application form dated 03.03.2023, Annexure P-6, submitted by the
petitioner, for the post of Trained Graduate Teacher (TGT) for Rest of
Haryana and Mewat Cadre, in response to Advertisement No.2/2023 dated
21.02.2023, Annexure P-5.
2. Learned counsel for the petitioner has contended that while
filling-up the form through Cyber Café, the petitioner's caste 'Chamar' was
correctly mentioned but not her category, which got mentioned as 'General'.
The very mention of caste shows her category was mentioned wrongly due
to inadvertence, therefore, the correction should be allowed, and her
candidature should be treated under the Scheduled Caste category. He has
2024:PHHC:043471
also relied upon the judgment rendered in LPA No.385 of 2017, titled Kiran
Bala vs. State of Haryana & others, in support of his contention.
3. Learned State counsel, appearing on advance notice,
contends that the petitioner on her own mentioned her category as 'General'
and appeared for written examination as such, on 30.04.2023. Remaining
successful in the written examination, she was called for scrutiny of
documents on 11/12.07.2023. Only final selection result has not been
declared. At this stage, the petitioner cannot be permitted to change her
category.
4. Heard.
5. Undisputed facts on record are that the petitioner applied for
the post of TGT as a 'General' category candidate, though mentioned her
caste as 'Chamar', which is a Scheduled Caste. Apparently, the petitioner
consciously applied as a 'General' category candidate, and participated in
the selection process by appearing for the written examination as well as
scrutiny of documents on that basis. Despite being a Scheduled Caste, she is
entitled to apply for the post as a General category candidate, which she did
and her candidature was also considered accordingly. Consequently, she is
estopped from changing her category to that of Scheduled Caste. The plea
that the mistake was inadvertently committed at the time of filling up the
form through Cyber Café is also incorrect; it was not filled through Cyber
Café as recorded in the application form, dated 03.03.2023, itself. The
judgment in Kiran Bala's case (supra) has been rendered on different facts,
and has no application to the instant case. It was a case where the form was
filled up through Cyber Café, and the applicant therein was not
computer/net-savvy.
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7. For the reasons stated, there is no ground to entertain the
petition.
8. Dismissed.
(Tribhuvan Dahiya)
Judge
April 02, 2024
avin
Whether Speaking/ Reasoned: Yes/ No
Whether Reportable: Yes/ No
