Punjab-Haryana High Court
Ankit Arya vs State Of Haryana And Another on 19 October, 2024
Author: Deepak Sibal
Bench: Deepak Sibal
Neutral Citation No:=2024:PHHC:136707-DB
LPA-2531-2024 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Sr. No.112
LPA-2531-2024 (O&M)
Date of decision: 19.10.2024
Ankit Arya ....Appellant
Versus
State of Haryana and another ....Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK SIBAL
HON'BLE MR. JUSTICE DEEPAK MANCHANDA
Present: Mr. Brijesh Kumar, Advocate and
Mr. Virender Rana, Advocate
for the appellant.
* * *
DEEPAK SIBAL, J. (Oral)
1. Through advertisement dated 21.02.2023 the Haryana Staff
Selection Commission (for short - the Commission) invited applications for
appointment to several posts including 1297 posts of Trained Graduate
Teacher (Science) (for short - TGT Science). Out of the advertised posts,
182 posts were reserved for members belonging to the Backward Class A
Category (for short - BC-A category) and 466 were meant for the General
Category. The last date to apply was 20.03.2023. As per Clause 9.5 of the
advertisement, a candidate could apply under the BC-A category only on the
basis of a certificate issued in terms of the instructions of the Haryana
Government dated 22.03.2022. Note 3 (at internal page 20 of the
advertisement) further provided that claim for reservation was admissible
only to those candidates who upload, alongwith their applications, valid
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original certificates in support of their claim.
2. On 15.03.2023, the appellant applied for consideration for his
candidature for appointment as TGT (Science). He applied under the
General Category. On 29.04.2023, he sat in the written test and that too as a
candidate belonging to the General Category. On 27.07.2024 the final select
list was displayed in which the appellant figured in the General Category
and since the last person selected and appointed under the General Category
had admittedly secured more marks than the appellant he was denied
appointment. Thereafter, the appellant knocked the doors of this Court
seeking consideration of his candidature under the BC-A Category on the
ground that he had applied to the State Government for a copy of the BC-A
Certificate on 15.03.2023 but since the State had delayed the supplying of
the certificate to the appellant he could not be made to suffer for the same.
Through the impugned judgment, the learned Single Judge has rejected the
appellant's claim on the ground that the appellant could not be allowed to
change his category on the basis of a certificate subsequently issued. Such
judgment of the learned Single Judge is the subject matter of challenge
through the instant intra court appeal.
3. Learned counsel for the appellant has been heard.
4. Clause 9.5 and Note 3 of the advertisement under which the
appellant was an applicant are relevant and are therefore are reproduced
below for ready reference:-
Clause 9.5 (at page 14 of the Advertisement)
Clause 9.5:- The candidates belonging to BC-A/BC-B
categories are directed to obtain the fresh/latest BC-A
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or BC-B certificate as the case may be as per Haryana
Government instruction issued vide no.22/132/2013-
1GS-III, dated 22.03.2022 for the year 2022-2023. OBC
certificate issued for jobs in Central Govt. will not be
considered irrespective of income mentioned in
certificate.
Note 3 (at page 20 of the Advertisement)
Note-3:- Claim of reservation etc., if any, shall be
admissible to those candidate only, who upload the
requisite valid original certificate along with their
application in support of their claim and of Haryana
domicile.
5. As per the afore reproduced Clause 9.5 of the advertisement,
for a candidate to be considered under the BC-A category he was required
to obtain a BC-A certificate in terms of the Instructions of the Haryana
Government dated 22.03.2022 and that as per Note-3, the claim for
reservation was admissible only to those candidates who upload the
requisite valid original certificates along with their application in support of
their claim.
6. Admittedly, the appellant, who now seeks consideration of his
candidature under the BC-A category, did not apply under the BC-A
category. In fact, he applied under the General Category and that along with
his application, he also did not upload the BC-A certificate issued to him in
terms of the instructions of the Haryana Government dated 22.03.2022. He
also appeared in the written test as a candidate belonging to General
Category and that in the final select list drawn by the Commission the name
of the appellant also figured as a candidate belonging to the General
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Category.
7. After he had taken part in the entire selection process as an
applicant under the General Category and that the final selections had also
been made, the appellant chose to petition this Court seeking consideration
of his candidature under the BC-A category which at this stage, in the light
of the afore undisputed facts and the reproduced Clause 9.5 and Note 3 of
the advertisement would be clearly impermissible especially when the said
Clause and Note of the advertisement remain unchallenged by the appellant.
8. Dismissed.
9. All pending miscellaneous application(s), if any, also stand
disposed of.
(DEEPAK SIBAL)
JUDGE
(DEEPAK MANCHANDA)
JUDGE
October 19, 2024
Jyoti 1
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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