Nagesh vs Gurugram University, Gurugram And ...
2024 Latest Caselaw 20043 P&H

Punjab-Haryana High Court

Nagesh vs Gurugram University, Gurugram And ... on 12 November, 2024

CWP-30459-2024                                                                      -1-

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                         AT CHANDIGARH


126                                           CWP-30459-2024
                                              Date of Decision: 12.11.2024

Nagesh                                                         ...Petitioner(s)


                                     Versus


Gurugram University, Gurugram and others                       ...Respondent(s)


CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

Present:-     Mr. Dinesh Kumar, Advocate for the petitioner

TRIBHUVAN DAHIYA, J. (Oral)

The petition has been filed, inter alia, seeking direction to the

respondents to recast the merit list for the post of Assistant pursuant to

advertisement ENT-10/2022 dated 06.12.2022, on the basis of law laid down

by Division Bench of this Court in Civil Writ Petition No.1563 of 2024 titled

Sukriti Malik v. State of Haryana and others, decided on 31.05.2024.

2. Learned counsel contends that the University advertised six posts

of Assistant, including two in SC category, vide the advertisement referred to

above. The petitioner was an applicant against the SC category posts, and did

not claim any marks under the socio-economic criteria. The result of selection

was declared on 24.03.2023. It was carried out as per the criteria notified in the

advertisement and included five marks for socio-economic criteria as well. The

fifth respondent has been selected on the basis of marks given under the socio-

economic criteria. Since the same has been invalidated in terms of law laid

down in Sukriti Malik case (supra), the University is required to recast the merit

list by excluding marks under the criteria and issue appointment letters on that

basis.

3. It is apparent on record that advertisement for the post in question

was issued on 06.12.2022, which provided for five marks to candidates under

socio-economic criteria and experience. The judgment in Sukriti Malik case

(supra), invalidating the criteria was delivered by this Court on 31.05.2024, and

will have prospective application only. The selection in question had already

been completed by declaration of final result on 24.03.2023, before the

judgment in Sukriti Malik case was pronounced. Accordingly, the selection

cannot be put in question on the basis of law subsequently laid down.

4. Petition stands dismissed.

                                                     (TRIBHUVAN DAHIYA)
                                                            JUDGE
12.11.2024
Payal
               Whether speaking/reasoned            Yes/No
               Whether reportable                   Yes/No