Punjab-Haryana High Court
Niraj Kumar vs Pb Pollution Control Board And Ors on 4 September, 2024
Neutral Citation No:=2024:PHHC:115692
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
120
CWP-22195-2024
Date of decision : 04.09.2024
Niraj Kumar .....Petitioner
V/S
The Punjab Pollution Control Board and others ....Respondents
CORAM : HON'BLE MR. JUSTICE NAMIT KUMAR
Present: Mr. Parminder Singh Gill, Advocate for the petitioner.
Mr. Ashish Verma, Advocate for respondent No.1.
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NAMIT KUMAR, J. (ORAL)
1. The petitioner has filed the instant writ petition under
Article 226 of the Constitution of India, seeking a writ in the nature of
certiorari, quashing the "important note" of Para No.4 of advertisement
No.2022108 dated 03.10.2022 (Annexure P-2), issued by respondent
No.2 to the extent of infringement upon the right of the petitioner and
similarly qualified candidates, which is preventing the petitioner from
applying to the post of Junior Environmental Engineer (Group B).
Further seeking a writ in the nature of mandamus, directing the
respondents to revise para 8.1 of the advertisement No.2022108 to the
extent of extending the last date to apply online for the post of Junior
Environmental Engineer (Group B) and to permit the petitioner and
similarly qualified candidates to provisionally participate in the
selection process for the abovesaid post.
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2. The brief facts, as have been pleaded in the present
petition, are that the petitioner acquired the qualification of B.Tech
(Civil Engineering) from Punjabi University, Patiala in June, 2023.
Respondent No.2-the Punjab Public Service Commission (hereinafter
referred to as 'the Commission') invited online applications from
eligible candidates for recruitment of 21 posts of Junior Environmental
Engineer (Group-B) in respondent No.1-Punjab Pollution Control Board
(hereinafter referred to as 'PPCB') in pursuance to the advertisement
No.2022108 dated 03.10.2022 (Annexure P-2). The Commission also
invited online applications from eligible candidates for recruitment of
32 posts of Assistant Environmental Engineer (Group A) in pursuance to
the advertisement No.2022106 dated 03.10.2022 (Annexure P-1) in the
Department of Science, Technology and Environment, Government of
Punjab. In both the advertisement it was stipulated that the candidate
must possess the requisite qualification before 26.10.2022. The
prescribed qualification for the post of Assistant Environmental
Engineer (Group A) was challenged by some persons by filing CWP
No.29072 of 2022 titled as 'Harmanpreet Singh and another Vs. The
Punjab Pollution Control Board and others', wherein notice of motion
was issued on 11.01.2023 for 18.04.2023 and selection process was
stayed. Thereafter, the PPCB filed an application bearing CM No.6475-
CWP of 2023 in the abovesaid writ petition for vacation of interim order
dated 11.01.2023 and the said application was disposed of vide order
dated 21.02.2024 with the direction that the petitioner in that writ
petition be allowed to participate in the selection process, subject to the
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final outcome of the writ petition and the interim order granted vide
order dated 11.01.2023 was vacated. Thereafter, the Commission issued
revised general information for the candidates for advertisement
No.2022106, whereby 09 additional posts of Assistant Environmental
Engineer (Group A) in the Department of Science, Technology and
Environment, Government of Punjab, were added in the 32 posts
published earlier and online applications from the eligible candidates
were invited on or before 23.08.2024. Thereafter, another advertisement
No.13 of 2024 has been issued by the Subordinate Services Selection
Board, Punjab on 30.07.2024 inviting online applications for 05 posts of
Junior Environmental Engineer on or before 19.08.2024 (Annexure P-
5).
3. The grievance of the petitioner in the present writ petition
is that although fresh applications have been invited for 41 posts of
Assistant Environmental Engineer (Group A), however, similar exercise
has not been undertaken by the respondents for the post of Junior
Environmental Engineer, whereas the petitioner has become eligible for
the post of Junior Environmental Engineer as he has acquired the
essential qualification for the said post in June, 2023.
4. I have heard learned counsel for the petitioner and learned
counsel for respondent No.1 and perused the relevant documents with
their able assistance.
5. The facts are not in dispute. The claim raised by the
petitioner in the present writ petition cannot be accepted as the
petitioner has no locus for consideration of his candidature for
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appointment to the post of Junior Environmental Engineer (Group B)
unless he has applied and is fully eligible in pursuance to advertisement
issued by the authority concerned. When the advertisement No.2022108
dated 03.10.2022 for recruitment of 21 posts of Junior Environmental
Engineer was issued, the petitioner was not eligible as he has acquired
the qualification of B.Tech in June, 2023, whereas as per advertisement
the candidate must have acquired qualification by 26.10.2022, therefore,
he could not apply for the said post and is claiming that the respondent-
Commission should extend the last date for inviting applications to
enable the petitioner to apply for the abovesaid post likewise the
procedure adopted with regard to the post of Assistant Environmental
Engineer. No doubt, if the petitioner fulfills all the conditions of the
advertisement No.13 of 2024 issued by the Subordinate Services
Selection Board, Punjab, he could have applied against 05 posts of
Junior Environmental Engineer, however, he has no right to seek a writ
of mandamus for directing the respondent-Commission for fixing fresh
cut off date for inviting online applications for the posts of Junior
Environmental Engineer as the same lies within the domain of the
respondents. The petitioner, who was not even eligible for the post of
Junior Environmental Engineer when the posts were advertised cannot
claim parity for fixing fresh cut off date for the post of Junior
Environmental Engineer. It is settled proposition of law that even the
selection does not confer any right upon the candidate to be appointed to
a post. As the appointment is subject to other factors, such as
verification of documents, medical fitness and satisfaction of eligibility
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criteria. Reliance is placed upon the judgment passed by Hon'ble
Supreme Court in Commissioner of Police and another Vs. Umesh
Kumar : 2020(4) SCT 551 and Division Bench of this Court in Rakesh
Kumar and others Vs. Dharam Pal and others : 2022(3) SCT 363. The
petitioner has not even applied against the advertised post of Junior
Environmental Engineer in year 2022, being not eligible and yet seeking
issuance of mandamus to the respondents for extending the fresh cut-off
date for the post of Junior Environmental Engineer which is not well
founded. Reliance is placed upon the judgment passed by Hon'ble
Supreme Court in Hirandra Kumar Vs. High Court of Judicature at
Allahabad and another : 2020(17) SCC 401 and by this court in Annu
Vs. State of Haryana and others : 2023 NCPHHC 45484. In a recent
judgment titled as Rita Singh Vs. State of Rajasthan : 2024 Live Aw
(Rajasthan) 133, it has been reiterated by the Rajasthan High Court that
fixing a cut-off date for recruitment process falls purely in the domain
of the employer and such a cut-off date was uniform for all the
applicants and could not be relaxed for certain participants. The Court
said :-
"It is a settled position of the law that the setting
and beholding of a cut-off date falls purely within the
domain of the employer, to be decided and/or imposed in
accordance with the necessities accruing to them and the
administration of the concerned examination."
6. In view of the above, finding no merit in the present writ
petition, the same is hereby dismissed.
04.09.2024 (NAMIT KUMAR)
kothiyal JUDGE
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
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