Punjab-Haryana High Court
Aarzoo vs State Of Haryana And Others on 25 April, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:056487
2024:PHHC: 056487
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
111 CWP-9208-2024 (O&M)
Decided on : 25.04.2024
AARZOO . . .Petitioner
Versus
STATE OF HARYANA AND OTHERS . . . Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
PRESENT: Mr. Sandeep Kumar Tada, Advocate for the petitioner.
Mr. Harish Nain, AAG, Haryana.
Mr. Kanwal Goyal, Advocate,
Ms. Sheena Dahiya, Advocate and
Ms. Simranjot Singh, Advocate for respondent No. 2-HPSC.
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HARSIMRAN SINGH SETHI, J. (Oral)
1. In the present petition, the challenge is to the order rejecting the
claim of the petitioner for the post of Medical Officer, Group-A (HCMS-1)
in ESI Health Care, Labour Department, Haryana as advertised by the
respondents vide advertisement No. 1/2023 dated 06.01.2023 (Annexure P-
3).
2. Learned counsel for the petitioner submits that by the impugned
order, the petitioner has been declared ineligible to compete for the post in
question on the ground that the degree which the petitioner got, was after
the last date of submission of the application form for the post in question
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and even the registration with the Haryana Medical Council was done on
06.05.2023 (Annexure P-2) whereas the last date of submission of the
application form for the post in question as mentioned in the advertisement
NO. 1/2023 (Annexure P-3) was 06.02.2023
3. Learned counsel for the petitioner submits that once, the
petitioner had already completed academic qualification and was only
undergoing the internship which internship though was completed after the
last date of submission of the application form, the petitioner should have
been treated eligible for the said post as the petitioner was also having the
provisional registration with the Haryana Medical Council.
4. Notice of motion.
5. Mr. Kanwal Goyal, Advocate accepts notice on behalf of
respondent-HPSC and submits that large number of candidates who had not
completed their degree had applied for the post in question and their claim
had been rejected and similar to the petitioner, the claim of one Monika had
also been rejected on the same ground which action has been challenged by
Monika in CWP-8659-2024 titled as Monika v. State of Haryana and
others, which writ petition has been dismissed by this Court on 19.04.2024
hence, the claim of the petitioner be also rejected.
6. Learned counsel for the petitioner after going through the order
passed in Monika's case (supra), has not been able to rebut that the ground
raised by the petitioner in the present petition to claim the relief are
identical with that of Monika's case (supra).
7. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
8. Once, the question of law raised in the present petition has
already been decided by this Court while passing order in Monika's case
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(supra) and the applicability of the said judgment passed in Monika's case
(supra) has not been rebutted and all the grounds raised in the petition have
already been decided, the present petition is also dismissed in terms of the
decision given in Monika's case (supra).
9. Pending civil miscellaneous application, if any, stands disposed
of.
(HARSIMRAN SINGH SETHI)
JUDGE
25.04.2024
Riya
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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