Punjab-Haryana High Court
Sandeep Singh vs State Of Punjab & Anr on 23 December, 2014
Author: K. Kannan
Bench: K. Kannan
CWP No.26427 of 2014 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.26427 of 2014
Date of Decision.23.12.2014
Sandeep Singh .......Petitioner
Versus
State of PUnjab and another ......Respondents
Present: Mr. Sapan Dhir, Advocate
for the petitioner.
CORAM:HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the
judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
-.-
K. KANNAN J. (ORAL)
1. The petitioner who was an aspirant for consideration to the post of Senior Assistant in recruitment drive done through the Secretariat administration of the Punjab Civil Secretariat has a grievance that in the advertisement notification issued through website on 29.09.2014, they have prescribed for eligibility for application to Senior Assistant qualifications which are not being set forth in the Rules through notification dated 10.08.1976. The counsel for the petitioner would point out that for the post of Senior Assistant, the requirement for 25% appointment through direct recruitment would be, a degree from a recognized University or its equivalent or when a person qualifies a competitive test held through recruitment agency. The counsel points out that in the advertisement which was issued on 29.09.2014, the minimum qualification brings about a new feature which is not contemplated under the recruitment rules normally that he shall possess PANKAJ KUMAR 2015.01.05 16:24 I attest to the accuracy and authenticity of this document Chandigarh CWP No.26427 of 2014 -2- at least 120 hours with hands on experience in the use of personal computer or information technology in office productivity applications or desktop publishing applications from a Government recognized institution or a reputed institution, which is ISO 9001 certified or possess a Computer Information technology course equivalent to 'O' level certificate of Department of Electronics Accreditation of Computer Course (DOEACC) of Government of India. He must have passed punjabi upto Matric or its equivalent level.
2. Even apart from the eligibility, the procedure for selection requires qualifications in computer test which according to the petitioner has no basis in the recruitment rules. In my view, the petitioner has literally missed the bus. If the advertisement notification had laid down conditions of eligibility which were contrary to the recruitment rules setting out the qualification, the challenge must have been brought immediately to stay the operation of the qualifications in order that his own candidature was considered. The relief must have been sought before the last date of giving applications for consideration in direct recruitment which was set down as 21.10.2014. Now the petitioner allowed the grass to grow under his feet as it were, feeling contended with making representations and coming to the Court at the stage when the candidates have been called to appear in the competitive test. The competitive test could be held only for persons who had applied. If the petitioner had not even applied at all, he cannot make a lateral entry and secure to himself the benefit of consideration of his candidature.
3. The counsel for the petitioner pleads with passion that his PANKAJ KUMAR 2015.01.05 16:24 I attest to the accuracy and authenticity of this document Chandigarh CWP No.26427 of 2014 -3- own representation must elicit appropriate response and the fresh recruitment must be done in the light of the recruitment rules. I cannot allow for a representation as supplanting what the petitioner could have secured by filing a writ petition. The petitioner will train his guns at the next level of selection by an appropriate intervention made if the eligibility criteria is not modified to conform to the Rules.
4. As of now, no intervention is possible. The writ petition is dismissed.
(K. KANNAN) JUDGE December 23, 2014 Pankaj* PANKAJ KUMAR 2015.01.05 16:24 I attest to the accuracy and authenticity of this document Chandigarh