Punjab-Haryana High Court
Amarjit Singh vs State Of Punjab And Others on 4 March, 2014
Bench: Jasbir Singh, Harinder Singh Sidhu
In the High Court of Punjab and Haryana, at Chandigarh
Letters Patent Appeal No. 1237 of 2013 (O&M)
Date of Decision: 4.3.2014
Amarjit Singh
... Appellant
Versus
State of Punjab and Others
... Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh.
Hon'ble Mr. Justice Harinder Singh Sidhu. Present: Mr. Raj Kumar Kakkar, Advocate for the appellant.
Jasbir Singh, Judge (Oral) Civil Misc. No. 3214-LPA of 2013 After hearing counsel for the appellant, this application is allowed. Delay of 166 days in filing the appeal stands condoned. Letters Patent Appeal No. 1237 of 2013 The respondent-department invited applications to fill up the posts of Clerk. To submit applications, 4.8.2011 was fixed as last date. For the post of Clerk, following qualification was laid down:-
"Possesses Bachelor's Degree from recognized University or Institution. Possesses atleast one hundred and twenty hours course with hands on experience in the use of Personal Computer on Information Technology in office productivity applications or Desktop Publishing applications from Government recognized institution or a reputed Bhardwaj Deepak Kumar 2014.03.18 17:45 I attest to the accuracy and integrity of this document Letters Patent Appeal No. 1237 of 2013 (O&M) 2 institution, which is ISO 9001 certified.
OR Possesses a computer information technology Course Equivalent to 'O' level certificate of Department of Electronics Accreditation of Computer Courses (DOEACC) of Government of India."
A note was given at the end of the advertisement that the selected candidate is supposed to qualify typing test in Punjabi Typewriting at the speed of 30 words per minute within a period of one year from the date of his appointment. In case of failure to pass the test within the above said period, he shall not be entitled to get annual increment. Provisional merit list was prepared on 8.8.2011. Thereafter, a corrigendum was issued directing all the applicants, whose names appeared in the provisional merit list, to appear for typewriting test. The test was taken as per the specified date. The appellant appeared in the test and failed in the Punjabi Typewriting test at the speed of 30 words per minute. He was not selected. He approached this Court and laid challenge to the process of selection by stating that the qualification cannot be changed after issuance of advertisement on 18.7.2011.
The learned Single Judge, by placing reliance upon a judgment rendered by the Supreme Court in Sanjay Kumar and Others v. Narinder Verma and Others 2006(3) SCT 184, rightly came to a conclusion that having availed the opportunity to appear in the typing test and on failing in the same, it is not open to the appellant to lay challenge to the selection process. It was further said that the Bhardwaj Deepak Kumar 2014.03.18 17:45 I attest to the accuracy and integrity of this document Letters Patent Appeal No. 1237 of 2013 (O&M) 3 corrigendum was issued within 12 days from the date of advertisement. The said corrigendum was issued in consonance with the advertisement.
No case is made out to cause interference by this Court in the present appeal.
Dismissed.
(Jasbir Singh) Judge (Harinder Singh Sidhu) Judge March 4, 2014 "DK"
Bhardwaj Deepak Kumar 2014.03.18 17:45 I attest to the accuracy and integrity of this document