Punjab-Haryana High Court
Gagan Angural vs Union Of India And Others on 19 November, 2024
Neutral Citation No:=2024:PHHC:151167
CWP-10947-2024 (O&M) - 1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
266
CWP-10947-2024 (O&M)
Date of decision: 19.11.2024
Gagan Angural
....Petitioner
Versus
Union of India and Others
...Respondents
CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY
*****
Present : None for the petitioner
Mr. Indresh Goel, Advocate for the respondents
*****
AMAN CHAUDHARY, J. (ORAL)
1. The prayer made in the present petition is for directing the
respondents to appoint the petitioner as Constable (Cook) in Border Security
Force, pursuant to the Advertisement dated 20.02.2023 on the premise that he had
secured 37 marks, while the cut-off of the SC category is 36.
2. Learned counsel for the respondents has drawn the attention of this
Court to para Nos.8 and 10 of the written statement, to which there was no
replication filed, which read thus:
"8. That the final stage of above recruitment was
preparation of Merit List and Final Result by detailing a Board
of Officers. The Merit Board had to check and verify the
documents/testimonials of the candidates to avoid instances of
wrongly/erroneous selection and to prepare merit list and final
result. Accordingly, Merit Board had thoroughly checked the
available documents/testimonials of the candidates and only
eligible and qualified candidates had been figured in final
selection/merit list. The cut off marks of SC Category for the
post of Constable (Cook) - Male Candidates for Punjab State is
36.000 Whereas, the petitioner could not be figured in final
selection list by the Merit Board due to "Unfit NSQF Level-l
not qualified/ Individual has uploaded certificate of not
recognized institute".
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10. That in the nutshell, the petitioner did not upload the
certificate at the time of registration/filling of online forms to
the effect that he has qualified National Skills Qualification
Framework (NSQF) Level-1 Course Certificate In food
production or Kitchen issued by National Skill
Development Corporation. The petitioner was not having any
valid trade certificate at the time of applying for the post, and
did not fulfill the requisite criteria for the post as advertised
vide Advertisement Notice dated 20.02.2023."
3. Further reference is made to the judgment passed by this Court in
Jogender vs. Union of India and Others, CWP-332-2024, decided on
13.02.2024, relating to the same advertisement, which reads thus:
"1. The petitioner through instant petition under Article
226 of the Constitution of India is seeking setting aside of final
selection list dated 15.12.2023 (Annexure P-12) for the post of
Water Carrier.
2. The petitioner pursuant to an advertisement dated
20.02.2023 applied for the post of Constable (Tradesman). The
petitioner belongs to 'Other Backward Class' Category. He
participated in the selection process and cleared written test as
well as physical test. He was shortlisted in the result dated
27.10.2023, however, his name did not appear in the final
select list.
3. Mr. Indresh Goel, Senior Panel Counsel submits that
candidature of the petitioner has been rejected as minimum
qualification for the post applied by petitioner was level-I
course in food production or kitchen from National Skill
Development Corporation (for short 'NSDC') or any institute
recognized by NSDC. The petitioner was not having certificate
issued by NSDC, thus, his candidature was rejected.
4. On being confronted with Annexure P-6 i.e. certificate
dated 27.03.2023 issued by Om Vijay Charitable Trust, learned
counsel for the respondents-UOI submits that said trust is not
recognized by NSDC, thus, certificate is invalid.
5. Faced with this, learned counsel for the petitioner
undertakes to get certificate from Om Vijay Charitable Trust to
the effect that their trust is duly recognized by NSDC for the
purpose of issuing level-I certificate. In alternative, he may get
confirmation letter from NSDC.
6. In the wake of statements of both sides, the present
petition stands disposed of with liberty to petitioner to furnish
certificate either from NSDC or Om Vijay Charitable Trust to
the effect that trust at the relevant point of time was duly
recognized by NSDC to issue level-I certificate. On doing so,
the respondent shall re-consider claim of the petitioner within 4
weeks."
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4. In wake of the aforesaid, the present petition is disposed of in terms
of Jogender (supra).
(AMAN CHAUDHARY)
JUDGE
19.11.2024
M.Kamra
Whether speaking/reasoned : Yes / No
Whether reportable : Yes / No
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