Sagar Bhola vs State Of Haryana And Another
2024 Latest Caselaw 15992 P&H

Punjab-Haryana High Court

Sagar Bhola vs State Of Haryana And Another on 2 September, 2024

                 CWP-21682-2024                                                                        -1-


                                      IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                   AT CHANDIGARH


                 117                                                    CWP-21682-2024
                                                                        Date of Decision: 02.09.2024

                 Sagar Bhola                                                            ...Petitioner(s)


                                                               Versus


                 State of Haryana and another                                         ...Respondent(s)


                 CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA

                 Present:-              Mr. Sandeep Verma, Advocate for the petitioner

                                        Ms. Tanushree Gupta, DAG, Haryana

                                        ***
                 TRIBHUVAN DAHIYA, J. (Oral)

The petition has been filed, inter alia, seeking a writ of mandamus

directing the respondents to consider the petitioner's claim for selection to the

post of TGT Science, in response to advertisement 2 of 2023, Annexure P-7, as

a candidate belonging to BC-A category.

2. As per stipulation in para 9.5 of the advertisement, to claim

reservation under BC-A/BC-B category the candidates were required to submit

fresh/latest certificate for the year 2022-23, issued by the Haryana Government

in terms of instructions dated 22.03.2022; and OBC certificate issued for the

jobs in Central Government was not to be considered valid irrespective of

income mentioned therein. Selection process is over, as the final result was

declared on 27.07.2024, and the selected candidates have been offered

PAYAL appointments as well.

authenticity of this order/judgment

3. Learned State counsel, on instructions, contends that the

petitioner's candidature was rejected only on the ground that the requisite BC-

A certificate was not submitted by him. He claimed to be from this category

and participated in the selection process as such.

4. Heard.

5. The petitioner, undisputedly, submitted Other Backward Class

(OBC) certificate dated 15.03.2023, Annexure P-5, along with the application

form. This certificate has been issued to him for the Central Government jobs,

certifying that he belongs to Sunar community and does not come within the

creamy layer in terms of notification issued by the Department of Personnel &

Training, Government of India. At this stage, learned counsel has referred to a

latest certificate, dated 28.07.2024, issued to the petitioner by the Government

of Haryana certifying that he belongs to BC-A category. However, he is not in

a position to dispute that the same is inconsequential as it has been issued after

the declaration of final result of selection.

6. Since the petitioner, concededly, failed to submit the requisite

certificate in terms of stipulation in the advertisement, no exception can be

taken to rejection of his candidature by the Commission on that account.

7. Accordingly, the petition stands dismissed in limine.

                                                                            (TRIBHUVAN DAHIYA)
                                                                                   JUDGE
                 02.09.2024
                 Payal
                                        Whether speaking/reasoned          Yes/No
                                        Whether reportable                 Yes/No




authenticity of this order/judgment