Punjab-Haryana High Court
Mamta vs State Of Haryana And Others on 16 February, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
C.W.P.No.840 of 2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
C.W.P.No.840 of 2011
Date of Decision:- 16.02.2012
Mamta ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
***
CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
***
Present:- Mr.R.K.Malik, Sr. Advocate with
Ms.Renu, Advocate,
for the petitioner.
Mr.Harish Rathee, Sr.DAG, Haryana.
***
AUGUSTINE GEORGE MASIH, J. (Oral)
Petitioner has approached this Court by way of present writ petition claiming that her candidature for appointment to the post of JBT Teacher under Dependents of Ex-servicemen category (female) has wrongly been rejected on the ground that the petitioner failed to produce the dependent of Ex-servicemen's certificate issued by the Zila Sainik Board before the closing date for submission of the application form i.e. 14.9.2009.
Counsel for the petitioner contends that the petitioner is the daughter of an Ex-serviceman and is dependent upon him. 9647 posts for filling up the vacancies of JBT Teachers were advertised. Out of these 9647 posts,102 posts were reserved for Ex-servicemen (General, female) category and in case the candidates under the Ex-servicemen (General Female) C.W.P.No.840 of 2011 -2- category were not available, these posts were to go to the dependents of the Ex-servicemen (female) category. Only 8 posts out of 102 posts were filled up thereby leaving 94 posts vacant. His submission is that before the date of interview, petitioner submitted the dependent certificate of the Ex- serviceman dated 13.8.2010 (Annexure P-6). Interview was held on 27.8.2010 and before the said date, the petitioner had already submitted the certificate on the same date on which it was issued i.e.13.8.2010. He, on this basis, contends that the petitioner is entitled to be considered against the post meant for dependents of Ex-servicemen category (female) whereas her candidature was considered under general category in which she has not been found to be eligible as the cut off marks of the last selected candidate belonging to the general category are 53.06 and the petitioner secured 49.54 marks. Reliance has been placed by the counsel for the petitioner on a judgment of the learned Single Bench of this Court passed in CWP No.12083 of 2010 titled as Vikas Girdhar vs. State of Haryana and another, decided on 31.1.2011.
On the other hand, counsel for the respondents states that in the advertisement itself, it was specifically stated that the application should be accompanied with a certificate of ESM/DESM candidate of Haryana issued from the Zila Sainik Board. As the petitioner did not possess the certificate, therefore, there was no question of the same being attached with the application. In any case, the last date for submission of the applications, which was the cut-off date, was 14.9.2009 and the certificate which has been subsequently submitted by the petitioner is dated 13.8.2010; therefore, the petitioner cannot be treated as eligible for appointment to the post of C.W.P.No.840 of 2011 -3- JBT Teacher under Ex-servicemen category. He has placed reliance upon a judgment of this Court in CWP No.9709 of 2009 Smt.Renuka Devi vs. State of Haryana and another, decided on 13.8.2009. Accordingly, he prays for dismissal of the writ petition.
I have heard counsel for the parties and gone through the records of the case.
It is not in dispute that the petitioner applied under the DESM category (female). It is also not in dispute that the petitioner did not possess the ESM/DESM certificate of Haryana declaring her eligible under the said category issued by the Zila Sainik Board. The cut-off date being 14.9.2009 and the condition in the advertisement being that the said certificate should be attached along with the application form, the candidature of the petitioner could not be considered for the post she had applied for as she did not fulfil the requirement under the advertisement. The condition incorporated in the advertisement relating to the attachment of the certificate reads as follows:-
"ESM/DESM candidates of Haryana claiming benefit will have to attach with their application fresh Eligibility Certificate from the concerned Zila Sainik Board. Mere dependent certificate will not be entertained."
Petitioner has not been able to show or demonstrate before the Court that she had, in fact, prior to the cut off date i.e. 14.9.2009, applied to the Zila Sainik Board for issuance of the eligibility certificate. If such an exercise has not been done by the petitioner, the contention of the counsel C.W.P.No.840 of 2011 -4- for the petitioner that the issuance of the subsequent certificate by the petitioner cannot dis-entitle her for consideration to be appointed to the post of JBT Teacher cannot be accepted as on the said date, she was not eligible to be considered under the said category.
The judgment relied upon by the counsel for the petitioner was in a case where the domicile certificate had not been attached along with the application form. A perusal of the judgment would indicate that the Court, on perusal of the documents attached, was satisfied that the same fulfilled the requirement of domicile of the petitioner of Haryana State along with other factors such as that there was no other contender for the post. It is under these circumstances the Court directed the respondents to pass an order for considering his claim. The position in the present case is different as the petitioner had not even applied to the Zila Sainik Board for issuance of dependents of Ex-servicemen's certificate before the cut off date. Rather as per the reply filed by the Zila Sainik Board, Fatehabad- respondent No.3, petitioner's father requested for issuance of the Eligibility certificate for her in the month of August, 2010, which is much after the cut off date for submission of the application form along with the certificate.
In view of the mandatory condition imposed in the advertisement and in the light of the fact that the petitioner did not possess the dependent certificate of Ex-serviceman on the last date of submission of the application form, the writ petition does not have any merit. The same is accordingly dismissed.
February 16, 2012 ( AUGUSTINE GEORGE MASIH )
poonam JUDGE
C.W.P.No.840 of 2011 -5-