Punjab-Haryana High Court
Surjit Singh vs Subordinate Services Selection Board ... on 19 March, 2024
CWP No. 36075-2019 (O&M) Neutral Citation No:=2024:PHHC:039694
2024:PHHC:039694
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
225
CWP-36075-2019 (O&M)
Date of Decision: 19.03.2024
Surjit Singh .....Petitioner
Versus
Subordinate Services Selection Board and others .....Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
Present: Mr. Raman Kumar, Advocate for the petitioner.
Mr. Arun Gupta, DAG, Punjab.
****
AMAN CHAUDHARY, J.(ORAL)
1. The present Civil Writ Petition has been filed under Articles 226/227
of the Constitution of India for issuance of a writ in the nature of certiorari for
setting aside the impugned order dated 26.08.2019 (Annexure P-14) passed by
respondent No.1.
2. Learned counsel would submit that the petitioner, being an aspirant
for appointment to the post of Clerk, applied in terms of the advertisement dated
27.11.2015 (Annexure P-4). His candidature was 'held in abeyance', as per the
impugned order, observing therein that a similar matter pertaining to the post of
Clerk in the recruitment process of 1192 posts of clerks against advertisement No.
02/2013 was pending adjudication in Narinder Kumar vs. State of Punjab and
others, CWP-15610-2019. He submits that the present case was ordered to be
tagged along with aforesaid, which stands allowed by this Court on 18.01.2024.
Further that the shadow of doubt cast on the qualification acquired of BA by the
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petitioner can be dispelled from the documents produced by him, which are a
verification certificate dated 03.03.2017 and character certificate dated 09.04.2018
(Annexure P-11), issued by the Manav Bharti University. A short reply to the
present petition was filed by way of an affidavit dated 11.02.2020 of the Registrar,
also affirming the factum of him being its bonafide student, relevant paras thereof
read thus:
"2. That the answering respondent/Manav Bharti University is
a state Private University established Under Himachal Pradesh
state Legislative Act, 2009 and notified under section 2(f) of
the University Grants Commission Act of 1956. The University
is established in 2009 under the Himachal Pradesh Private
University (Establishment and Regulation) Act, 2009 and is
owned by Manav Bharti charitable trust with aim to advanced
and disseminate knowledge and maintain high standard of
learning through teaching research, extension education
programme and conceptual aspect relevant to the need of the
state. The University is approved by the University Grants
Commission vide letter No F. No. 8-6/2010(CPP-I/PU). It is a
Government recognized university with the right to confer the
degrees as per section 2(f) and 22 (1) of the University Grants
Commission Act, 1956.
3. That the Manav Bharti University is empowered under
section 22(1) of the University Grants commission to issue the
degree and to run the courses as mentioned.
4. That as per record the petitioner Surjit Singh S/o Sh. Basant
Singh was student of the university and passed B.A.
examination from the university in the year 2012 as per record,
the degree (Annexure P-1) is issued by the university.
DATE: 11.02.2020 Through its' Registrar
Dr. Anupam Thakur."
3. It is apposite to also refer to the judgment in Narinder Kumar
(supra), wherein it was observed thus:
"6. From the perusal of the document P-18 dated 01.04.2015,
it is noticed that information regarding credential of candidates
was sent to the Secretary Subordinate Staff Selection Punjab
wherein the name of the candidates were mentioned with their
respective registration numbers who had pursued the BA in
their University. The name of the petitioner has also been
mentioned along with that of Achhru Bansal showing both of
them having done their BA in 2012 from Manav Bharti
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University. The said documents are sufficient verification of
the petitioner having acquired the BA qualification from the
Manav Bharti University.
7. This Court also finds that the Manav Bharti University has
also reiterated its stand again vide letter dated 27.05.2015
(Annexure P-20).
8. This Court in CWP-7908-2017 titled as Kulwinder Kaur
Vs. Punjab Subordinate Service Selection Board and Others
decided on 01.12.2023, after noticing the order passed by this
Court in Achhru Bansal's case (Supra) held as under:-
"4. Learned counsel submits that the petitioner had
acquired the degree by regular mode from a university
duly recognized by the UGC and, therefore, the
petitioner's credentials cannot be doubted. In
Kamaldeep's case (supra) the said issue was dealt with
by this Court and it was held that a degree obtained from
a university duly recognized by the UGC cannot be
doubted. This Court in Achhru Bansal's case (supra) also
found that the bachelor degree awarded the petitioner
therein was admitted to be genuine by the concerned
university and similarly in the case of the petitioner too
as per the reply filed by the respondents, the university
has submitted that the petitioner's qualifications were
genuine and he was a regular candidate of the university.
Document of the university Annexure R/4 dated
28.07.2017, has been placed on record but still counsel
for the State has doubted the authenticity of the letter
solely on the ground that the university has informed
about their record having been burnt in a fire incident in
December, 2015.
5. Solely because the record has been subsequently
burnt would not deprive a candidate who has secured his
qualifications by a regular mode from the university. The
reply of the respondents reflects that the bachelor degree
awarded to the petitioner has also been admitted and it
has also been stated that the case of the petitioner is
similar to that of Achhru Bansal (supra).
6. This Court finds that in view of the decision of the
Coordinate Bench in Achhru Bansal's case (supra), the
petitioner ought to have been offered similar benefit by
the respondents as the name of the petitioner and Achhru
Bansal fall within those twenty candidates whose
applications were rejected for not getting it verified from
the said university.
7. In view of the fact that Achhru Bansal has already
been offered appointment and no appeal has been filed
by the respondents, the writ petition is also allowed with
the same directions and it is directed that the official
respondent Nos. 1 & 2 are directed to offer an
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appointment letter to petitioner to the post of Clerk
within a period of four (04) weeks from the receipt of
certified copy of the order, along with all consequential
benefits of continuity of service, seniority etc. based on
his secured merit with effect from his junior in merit was
appointed, except monetary benefits, which shall be
granted on notional basis."
9. In view of the above, this Court is satisfied that the case of
the petitioner cannot be distinguishable to that of the aforesaid
two persons in whose favour this Court has already passed the
order as above.
10. Accordingly, the Writ Petition is allowed with directions
mutatis mutandis to above Kulwinder Kaur (Supra)."
4. Learned State counsel was unable to controvert the factual position
and draw out any distinctive aspects in the aforementioned judgment or cite any
contrary law.
5. The present petition is hereby allowed in terms of the judgment in
Narinder Kumar (supra).
(AMAN CHAUDHARY)
JUDGE
19.03.2024
Rajeev (rvs)
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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