Punjab-Haryana High Court
Deen Dayal vs Haryana Staff Selection Commission on 20 March, 2024
Author: Harsimran Singh Sethi
Bench: Harsimran Singh Sethi
Neutral Citation No:=2024:PHHC:040522
CWP No. 6686 of 2024 2024:PHHC:040522
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IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(122) CWP No. 6686 of 2024
Date of Decision : 20.03.2024
Deen Dayal
...Petitioner
Versus
Haryana Staff Selection Commission
...Respondent
CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI
Present: Mr. Bhupinder Malik, Advocate for the petitioner.
***
Harsimran Singh Sethi J. (Oral)
1. Learned counsel for the petitioner submits that the petitioner
only filled up the form so as to compete for Group-D post, a copy of
which has been appended as Annexure P-4. Learned counsel submits that
while filling up the post, the petitioner mentioned that he belongs to the
reserved category of scheduled caste and is also applying under the
category of Eligible Sports Person, which fact is clear from the CET
result dated 12.01.2024 (Annexure P-7), wherein, the petitioner has been
described as a member of the reserved category and is competing in the
sub category of Eligible Sports Person. Learned counsel for the petitioner
further submits that on 26.02.2024 (Annexure-P-8), a public notice was
issued that in case, any candidate wants to correct the particulars, the
same be done upto 28.02.2024 after which, no opportunity will be given
and in order to upload his latest Haryana Residence Certificate, the
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petitioner uploaded the said certificate but did not change any other
information required including the fact that the petitioner was competing
in the reserved category of Eligible Sports Person but now the result has
been declared and though, the candidates, who had lesser merit in the
category of eligible sports persons have been selected but the name of the
petitioner does not find mention in the said result. Learned counsel for
the petitioner submits that without there being any reason, the petitioner
has been ousted from the zone of consideration, which is arbitrary and
illegal.
2. Notice of motion.
3. On the asking of the Court, Mr. Harish Nain, learned
Assistant Advocate General, Haryana, who is present in Court, accepts
notice on behalf of the respondent-State.
4. Learned counsel for the respondents submits that as per his
instructions, the petitioner never filled up the category of Eligible Sports
Person while correcting the application form under the public notice dated
26.02.2024 (Annexure P-8) and hence, he has withdrawn his claim under
the said category, which information, as supplied by the petitioner, filled
by him under the public notice dated 26.02.2024, has been taken into
account while publishing the result.
5. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
6. It may be noticed that the petitioner though, applied under
the reserved category of Schedule Caste in the sub category of Eligible
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Sports Person initially but the petitioner chose to amend the said
information in pursuance to the public notice dated 26.02.2024 (Annexure
P/8). Once, the petitioner chose to amend his application form by
exercising right under the public notice dated 26.02.2024, only the
information supplied in the application form so amended, could have
been taken into account by the respondents.
7. Learned counsel for the petitioner conceded before this Court
that the petitioner was of the view that once he has already applied under
the category of Eligible Sports Person, the same need not to be mentioned
again while correcting the application form, which right the petitioner
was exercising under the public notice dated 26.02.2024. Once, it is
conceded before this Court that while correcting the particulars already
filled up, the petitioner chose not to mention that he is competing in the
Eligible Sports Person Category, cannot be said that the respondents on
their own, excluded the petitioner from the zone of consideration in the
category of eligible sports person while considering the claim of the
petitioner. The petitioner has been considered in the reserved category of
schedule caste as per the amended application form and as per the
respondents, the petitioner has not been able to secure enough marks to be
selected in the said category.
8. Learned counsel for the petitioner submits that the petitioner
being a matriculate, did not understand the niceties of filling up the
application form in pursuance to the public notice dated 26.02.2024
hence, the claim of the petitioner for consideration is covered by the
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decision of the Division Bench in LPA No. 385 of 2017 titled as Kiran
Bala Vs. State of Haryana and others, decided on 23.01.2023, wherein,
it has been held that any inadvertent mistake in the application form
submitted due to the mistake of the operator in the Cyber Cafe, should not
cause prejudice the candidate.
9. I have heard learned counsel for the parties and have gone
through the record with their able assistance.
10. In the present case, it may be noticed that the initial
application form which the petitioner submitted, was with due diligence
though the same was submitted through the Cyber Cafe, if in the initial
stage, petitioner mentioned the category of eligible sports person, the
same diligence should have been used while amending the said
information. The petitioner cannot claim that he did not knew what the
Cyber Cafe Operator was doing for him. Before submitting the amended
application, petitioner was requested to go through the contents of the
application form. All the blame being given to the operator of the Cyber
cafe cannot be accepted.
11. In the present case, the judgment in Kiran Bala (supra), will
not be applicable as, the petitioner chose to amend the information, which
he had already submitted through the Cyber Cafe, wherein, he concededly
did not mention to be considered under the sub category of Eligible
Sports Person, though initial application form submitted through the
Cyber cafe included all the information qua the category of eligible sports
person.
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12. That being so, the petitioner cannot allege that he has
wrongly been ousted from the zone of consideration as, the claim of the
petitioner has been considered in pursuance to his amended application
form, which the petitioner submitted in pursuance to the public notice
dated 26.02.2024 in which the petitioner chose not to mention his sub
category of Eligible Sports Person.
13. Keeping in view the above, no ground is made out for any
interference by this Court in the present writ petition and the same is
accordingly, dismissed.
March 20th, 2024 (HARSIMRAN SINGH SETHI)
kanchan JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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