Punjab-Haryana High Court
Hardik Dhull vs State Of Haryana And Others on 30 January, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:012411
CWP No. 17639 of 2020 2024:PHHC:012411
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(228) CWP No. 17639 of 2020
Date of Decision : 30.01.2024
Hardik Dhull
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Akhil Kamra, Advocate for
Mr. Nilesh Bhardwaj, Advocate for the petitioner.
Mr. Harish Rathee, Sr. Deputy Advocate General, Haryana.
***
Harsimran Singh Sethi J. (Oral)
1. In the present petition, the grievance of the petitioner is that
the petitioner has been ousted from the zone of consideration for
appointment to the post of Junior Engineer as advertised vide
Advertisement No. 10/2019 dated 15.06.2019, a copy of which has been
appended as Annexure P-2.
2. Learned counsel for the petitioner argues that the petitioner
had applied under the Category of Eligible Sports Person but, the
petitioner has been declared ineligible though, the petitioner had secured
43 marks in the written examination and a candidate having 16 marks has
already been selected in the category in which the petitioner is claiming
appointment.
3. Upon notice of motion, the respondents have filed the reply,
wherein, they have mentioned that the gradation certificate, which was
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the necessary documents to show the eligibility, was not appended along
with the application form and the claim, which is being made in the
present petition, is based upon the gradation certificate dated 21.11.2019,
which is issued after the last date of submission of application form.
Learned counsel for the respondents submits that keeping in view the
terms and conditions of the Advertisement, the petitioner has rightly been
declared ineligible.
4. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
5. The only question, which arise is whether the petitioner is to
be treated eligible for competing for the post in question or not keeping
in view the terms and conditions of the Advertisement.
6. Concededly, the petitioner is competing for the post of
Junior Engineer under the reserved category of Eligible Sports Person.
As per Clause 3.1 of the Advertisement, the scanned copy of the
certificate is to be attached along with the application form. The Clause
3.1 is reproduced hereunder for the ready reference :-
"3.1 Documents to be uploaded with Application Form
(MANDATORY)
1. Scanned Copy of Essential Academic Qualifications
and Matriculation Certificate showing Date of Birth
and other relevant details.
2. Scanned Copy of SC/BCA/BCB/EWS/ESP/ESM/
DESM/DFF/PWD (Person with Disabilities)
certificate along with Haryana domicile Certificate
issued by competent authority.
3. Scanned copy of Certificate claiming weightage/
marks under socio-economic criteria and experience
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alongwith Haryana domicile Certificate issued by
competent authority.
4. Scanned Photo duly signed by the Candidate.
5. Scanned signatures of the Candidate.
6. Scanned copy of all documents showing higher
qualification, experience etc. on which basis
candidate claim marks."
7. It is a conceded position that on the date when the petitioner
filled an application form, he was required to submit a gradation
certificate under the Gradation Policy dated 25.05.2018 whereas, the said
gradation certificate was not submitted by the petitioner and rather, the
same was only issued to the petitioner after the last date of filling up the
application form and it is a conceded position that the same was not part
of the application form. The gradation certificate, which was submitted
by the petitioner under the Old Policy, was of no use. Keeping in view
the judgment of Division Bench of this Court that for seeking
appointment under ESP quota, gradation certificate issued under the
Policy dated 25.05.2018 is only valid.
8. Not only this, under Clause 3.2 of the Advertisement, the
eligibility was only to be seen with regard to documents, which are
uploaded by the candidates. It is a conceded position that the gradation
certificate dated 21.11.2019, on the basis of which the eligibility is being
claimed, was not the part of the application form. Clause 3.2 is
reproduced hereunder :-
"3.2 Scrutiny of Documents:- Only those document which
are uploaded by the candidates shall be considered. If there
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is any variation in the document uploaded and produced at
the time of scrutiny candidature shall be liable to be
cancelled. If any application is found without uploading
requisite supporting documents and other relevant
information, the candidate himself/herself shall be
responsible for that and his/her candidature would be liable
to be cancelled due to lack of proper or correct documents/
information."
9. Keeping in view the fact that the gradation certificate dated
21.11.2019 was never attached with the application form, the petitioner
has rightly been rejected as ineligible candidate.
10. Learned counsel for the petitioner argues that the petitioner
submitted a particular gradation certificate at the time of scrutiny of the
documents but concedes that same was not as per Sports Gradation
Policy issued in the year 2018 which was must. Mere submission of
invalid sport gradation certificate will not suffice as the documents,
which were required to be appended along with the application form,
were only to be checked during scrutiny and it is a conceded position that
the gradation certificate dated 21.11.2019 was not part of the application
form, hence, petitioner has rightly been ignored so as to be declared
ineligible for the post in question.
11. Keeping in view the above, once the claim of the petitioner
has been considered in the terms and conditions of the Advertisement and
as per the said terms and conditions, the petitioner did not fulfill the
eligibility or the requirement to be eligible to compete for the post in
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question, declaring the petitioner ineligible, need no interference by this
Court.
12. Dismissed.
January 30th, 2024 (HARSIMRAN SINGH SETHI)
kanchan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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