Punjab-Haryana High Court
Gaurav Gaur vs State Of Haryana And Others on 21 March, 2024
Author: Jasgurpreet Singh Puri
Bench: Jasgurpreet Singh Puri
Neutral Citation No:=2024:PHHC:041611
CWP-14895-2018 -1-
2024:PHHC:041611
221
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CWP-14895-2018
Date of decision: 21.03.2024
GAURAV GAUR
...Petitioner
VERSUS
STATE OF HARYANA AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
Present:- Ms. Narender Kaur, Advocate
for the petitioner.
Mr. Gaurav Jindal, Addl. A.G., Haryana.
Mr. Samarth Sagar, Advocate
for respondent No.3.
****
JASGURPREET SINGH PURI, J. (Oral)
1. The present writ petition has been filed under Articles 226/227 of
the Constitution of India seeking issuance of a writ in the nature of mandamus
directing the respondents No.2 and 3 to conduct the interview of the petitioner
for the purpose of appointment to the post of Grid Sub-Station Operator,
Category No.5, in Economically Backward Person in General Caste (EBPGC)
Category as published in advertisement No.3/2016.
2. Learned counsel for the petitioner submitted that the petitioner was
not considered for the post of Grid Sub-Station Operator because of two
reasons. Firstly, that the degree which the petitioner attached along with the
application form was a provisional degree and secondly, that the candidate
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belonging to Economically Backward Person in General Caste (EBPGC)
Category is not to be considered for reservation.
3. At this stage, learned State counsel as well as Mr. Samarth Sagar,
learned counsel for respondent No.3 have informed that so far as the objection
with regard to the acceptability of provisional degree of the petitioner is
concerned, the same will not be considered now because the matter already
stands settled by the Hon'ble Supreme Court in Haryana Staff Selection
Commission versus Priyanka and others etc., 2022 INSC 536. They further
submitted that so far as the second objection is concerned pertaining to as to
whether reservation should be provided for Economically Backward Person in
General Caste (EBPGC) Category or not, the same is also pending in SLP
before the Hon'ble Supreme Court, but there are two judgments passed by a
Coordinate Bench of this Court in CWP No.8861-2022 and RA-CW-18-2023 in
CWP-20307-2021, whereby relief has been granted to the petitioners in those
cases because their selection process started prior to 2017. They also submitted
that so far as the present petitioner is concerned, his process also started prior to
2017 and therefore, candidly stated that so far as the present issue is concerned,
the case of the petitioner will also be covered by the aforesaid two judgments of
Coordinate Bench of this Court and therefore, necessary directions can be
issued to the concerned authorities to further process and consider the case of
the petitioner in accordance with law.
4. In view of the aforesaid factual position and statements made by
learned counsel for the respondents, the present writ petition is allowed. The
respondent No.2-Haryana Staff Selection Commission is directed to conduct the
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interview of the petitioner strictly in accordance with law and further process
the case to the next authority concerned.
5. At this stage, Mr. Samarth Sagar, learned counsel for respondent
No.3 submitted on instructions from the respondent-Nigam that 8 vacancies are
available on the aforesaid post and therefore, in case the candidature of the
petitioner is forwarded by the Haryana Staff Selection Commission to
respondent No.3-Nigam, then there can be no difficulty in adjusting the
petitioner on the aforesaid post.
(JASGURPREET SINGH PURI)
21.03.2024 JUDGE
Chetan Thakur
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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