Punjab-Haryana High Court
Shashi Bala vs State Of Punjab & Ors on 4 April, 2016
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
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CWP No.24472 of 2014
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of decision: 04.04.2016
CWP No.24472 of 2014 (O&M)
Shashi Bala ...Petitioner
Vs.
State of Punjab & others ...Respondents
CORAM: HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: None for the petitioner.
Mr. Vaibhav Sharma, DAG, Punjab.
1. To be referred to the Reporters or not?
2. Whether the judgment should be reported in the Digest?
RAJIV NARAIN RAINA, J. (ORAL)
No one appears for the petitioner to press the petition. Therefore, I have considered the case on merits arising out of the pleadings. In her short affidavit dated 7th October, 2015, the petitioner asserts that she was not an absentee candidate, but had appeared before the Committee for counselling on 18th December, 2013 and her Backward Class certificate was checked but she was excluded from counselling since her certificate was issued by Haryana to which State she belongs while seeking reservation in Punjab as a reserved category candidate.
In the written statement filed by the Department, it has been alluded that directions were issued by this Court in CWP No.3489 of 2014 on 27th May, 2014 permitting the left out candidates to be called for another counselling and to be permitted to participate in the selection process, which was still going on at the time in order to avoid and prevent unreasonable discrimination. The left-over candidates had thus an opportunity to appear in the fresh counselling process duly notified in implementation of the directions 1 of 3 ::: Downloaded on - 07-04-2016 00:06:04 ::: 2 CWP No.24472 of 2014 of this Court. As a result, counselling was held on 21st July, 2014 to 30th July, 2014 by issuing a public notice dated 14th July, 2014 inviting the candidates to present their testimonials and to exercise choice of postings if selected and offered appointment. A copy of the notice is annexed as Annex R-1/4. It has been averred that the petitioner did not appear for counselling throughout the period mentioned above. She failed to appear in the counselling in spite of giving her several opportunities. Thus, she has lost her right in the selection process.
The selection process is stated to be over and has become a dead ball in the month of October, 2014. In any case, on 1st December, 2014, this Court passed the following order:
"Learned counsel for the petitioner prays for time to examine whether Backward Class status can be acquired through marriage and further whether Backward Class in Haryana would automatically become Backward Class in the State of Punjab.
List on 19.02.2015."
Nothing has been shown per contra as to whether the petitioner can claim rights as a Backward Class candidate in Punjab. Therefore, her case cannot be considered under the Backward Class category. Her claim over respondents No.4 to 28 being higher in merit and therefore, to be adjusted at Sr.No.99 in the select list of General category as prayed for is found without substance especially when she has waived her rights, if any, by not appearing in the counselling.
Mr. Vaibhav Sharma, learned State counsel, draws attention of this Court to General Condition No.20 of the Advertisement dated 1st October, 2013, which prescribes that 'the candidature of candidates for the reason of absence in counselling / interview shall be deemed to have been cancelled and no further opportunity will be given to any candidate later on under any 2 of 3 ::: Downloaded on - 07-04-2016 00:06:05 ::: 3 CWP No.24472 of 2014 circumstances'. Her absence at the counselling precludes consideration of candidature.
In view of the above facts, no interference is called for in the present petition and it is ordered to stand dismissed.
04.04.2016 [RAJIV NARAIN RAINA]
Vimal JUDGE
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