Nitin Kumar vs State Of Haryana And Anr
2024 Latest Caselaw 8587 P&H

Punjab-Haryana High Court

Nitin Kumar vs State Of Haryana And Anr on 23 April, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                   Neutral Citation No:=2024:PHHC:054926




CWP No. 3362 of 2019                                  2024:PHHC:054926
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        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

(221)                                      CWP No. 3362 of 2019
                                           Date of Decision : 23.04.2024
Nitin Kumar
                                                                 ...Petitioner
                            Versus
State of Haryana and another
                                                              ...Respondents

CORAM:      HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:    Mr. Aryavart, Advocate for
            Mr. Suresh Kumar Kaushik, Advocate for the petitioner.

            Ms. Vibha Tewari, Assistant Advocate General, Haryana.
            ***

Harsimran Singh Sethi J. (Oral)

1. In the present petition, the challenge is to the result of the

selection process initiated for Group-D post in pursuance to the

Advertisement No. 4 of 2018 dated 26.08.2018 (Annexure P-1) with a

prayer that though, the petitioner has obtained more marks in the written

examination, he has still not been selected for the post in question. The

further grievance of the petitioner is that he has not been given marks

under the Socio Economic Criteria.

2. On the other hand, the respondents have mentioned that the

petitioner's candidature has been cancelled on the ground that he had

smudged his OMR sheet. The smudged copy of the OMR sheet has been

attached as R2/1 and as per the terms and conditions of the Advertisement

dated 26.08.2018 (Annexure P-1) in case, any candidate smudges the

OMR sheet, his candidature will stand cancelled.

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                                     Neutral Citation No:=2024:PHHC:054926




CWP No. 3362 of 2019                                 2024:PHHC:054926

3. There is no replication to the written statement filed on

behalf of the respondents.

4. I have heard learned counsel for the parties and have gone

through the record with their able assistance.

5. Once, it is a case of smudging of the OMR sheet and as per

the terms and conditions of the Advertisement as advertised by the

concerned authority dated 26.08.2018 (Annexure P-1), any candidate who

smudges the OMR sheet, his/her candidature will be cancelled, no

grievance can be raised by the petitioner. It may be noticed that the said

condition of cancelling the candidature of a candidate of smudging of the

OMR sheet, has already been upheld and reliance can be placed on the

judgment in LPA No. 92 of 2017 titled as Anshu and others Vs. State of

Haryana and others.

6. Keeping in view the above, as the petitioner had smudged his

OMR sheet and as per the terms and conditions mentioned in the

Advertisement dated 26.08.2018 (Annexure P-1), his candidature is to be

cancelled, the respondents have taken a right decision, which is in

consonance with the terms and conditions of the Advertisement.

7. No ground is made out for any interference by this Court in

the present petition.

8. Dismissed.

April 23rd, 2024                   (HARSIMRAN SINGH SETHI)
kanchan                                        JUDGE
            Whether speaking/reasoned : Yes/No
            Whether reportable       : Yes/No




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