Punjab-Haryana High Court
Vikas Kumar vs Haryana Staff Selection Commission And ... on 19 November, 2012
Author: Rakesh Kumar Garg
Bench: Rakesh Kumar Garg
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No.22670 of 2012
Date of decision: 19th November, 2012
Vikas Kumar
Petitioner
Versus
Haryana Staff Selection Commission and another
Respondents
CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present: Mr. R.S. Sangwan, Advocate for the petitioner.
RAKESH KUMAR GARG, J.
The respondents vide an advertisement dated 18th March, 2011, which was published on 19th March, 2011 in various newspapers, published 1000 posts of Assistant Lineman in Uttar Haryana Bijli Vitran Nigam, including various other posts. The respondents further issued a corrigendum dated 1st July, 2011, according to which the posts of Assistant Lineman were enhanced from 1000 to 4131. The petitioner allegedly being fully eligible applied for selection to the post of Assistant Lineman under the Category of ESM being dependent on his father, who was discharged from Indian Army.
It is the case of the petitioner that he was called for the interview considering him to be eligible under the DESM category. He appeared for the interview on 07.06.2012 and also produced the certificate dated 17.05.2012 issued by the Secretary, Zila Sainik Board, Bhiwani, showing that he was eligible for employment under the said category.
It is the further case of the petitioner that the respondents have issued a notice dated 07.09.2012 in the newspaper asking the candidates to contact the office of the Commission with all their original certificates. The Civil Writ Petition No.22670 of 2012 2 petitioner reported in the Commission's office on the stipulated dated i.e. 13.09.2012. Verification of documents was carried out by the staff of the Commission and the petitioner was told that his eligibility certificate for DESM category was issued after the closing date of the advertisement. Later-on the respondent-authorities were satisfied with the explanation given by the petitioner with regard to his being belonging to the DESM category. However, he was advised to obtain a fresh certificate from Zila Sainik Board. Thereafter, the petitioner applied for such certificate and the same was issued vide Annexure P-8 on 17.09.2012. However, the petitioner was shocked to find out from the result dated 04.10.2012 that he was not selected under the said category of DESM despite the fact that many posts are lying vacant under the said category.
Thus, a prayer has been made for commanding the respondents to consider the petitioner eligible and qualified for selection and appointment to the post of Assistant Lineman in Dependant of Ex-Serviceman (General) category against the posts advertised.
I have heard learned counsel for the petitioner and perused the averments made in the writ petition as well as the documents placed on record of this case.
At this stage, it is useful to notice that petitioner has attached incomplete copy of Advertisement (Annexure P-1). However, this Court had already dealt with a similar question raised in CWP No.12442 of 2012 against selection of ALMs by respondents on the basis of Advertisement (Annexure P-1). The relevant part of the advertisement (Annexure P-1), as reproduced in CWP No.12442 of 2012 decided on 13.07.2012, reads thus:
"Note:- i) The benefit of reservation will be given only to those SC/BC/PHC and ESM and outstanding sportsperson candidates who are domicile of Haryana State. The SC/BC/PHC Civil Writ Petition No.22670 of 2012 3 candidates are required to submit SC/BC/PHC Certificate duly issued by the competent authority at the time of interview. Likewise the Outstanding Sports Person shall be required to attach the sport gradation certificate with the application form as per Government instructions duly issued by the competent authority. DESM shall be required to attach the fresh Eligibility Certificate duly issued by the respective Zila Sainik Board with the application form.
(ii) Qualification will be determined with regard to the last date fixed for receipt of applications.
(iii) Candidates applying for a post must ensure that they fulfill all the eligibility conditions on the last date of application. If on verification at any time before or after the written examination or interview or appointment, it is found that they do not fulfill any of the eligibility condition or it is found that the information furnished is false or incorrect their candidature will be cancelled."
As per aforesaid conditions of the advertisement, the petitioner while applying for the post of ALM was required to attach the Eligibility certificate to be issued by the concerned Zila Sainik Board with the application form to claim the reservation under DESM category.
There is not even an averment in the writ petition that petitioner attached any eligibility certificate of being DESM category, meaning thereby that the petitioner did not attach the eligibility certificate with the application form and merely mentioned his relationship with his father which is not admissible as per the condition of the advertisement, wherein it has been specifically made clear that mere dependent certificate will not be entertained. The eligibility certificates dated 17.05.2012 (Annexure P-2) and dated 17.09.2012 (Annexure P-8) have been procured by the petitioner now and Civil Writ Petition No.22670 of 2012 4 after the closing date of submission of the application forms. It may further be noticed that in the advertisement, the respondents have specifically stated that the candidate applying for a post in a special category, such as ESM etc. is required to attach a fresh certificate duly issued by the Zila Sainik Board with the application form. The relevant part of the note as given in the advertisement reads thus:
"DESM shall be required to attach the fresh Eligibility Certificate duly issued by the respective Zila Sainik Board with the application form."
Again a specific note has been given that if the application is not in the prescribed format, the same shall be rejected summarily. It has also been prescribed in the general conditions that if a candidate does not possess the requisite academic qualification on the cut-off date, his application will be rejected.
Thus, the petitioner failed to attach the necessary certificate along with the application form. No fault can be found in denying him the right of selection for not producing the requisite certificate.
It has been further argued that the intention of the legislature of giving benefit to the category of DESM is to give some benefit to the family of a person who has served the country in the Army and such a right cannot be frustrated on a technical ground as in the instant case. This Court is not convinced with the aforesaid argument as if such a view is taken, the Recruitment Agency/Employer will never be able to finalise the selection process and there may be thousands of candidates like the petitioner who may be eligible to receive such a benefit but have not been able to apply.
A similar question was raised by one Narender Singh in CWP No.12442 of 2012, who was denied his right of consideration against the Civil Writ Petition No.22670 of 2012 5 same selection of ALMs for not attaching the requisite certificate of being falling in DESM category but the said plea was not accepted and the writ petition was dismissed vide judgment dated 13.07.2012 by this Court.
No other argument has been raised.
Dismissed.
(RAKESH KUMAR GARG) JUDGE November 19, 2012 rps