Punjab-Haryana High Court
Rakesh Kumar vs Haryana Staff Selection Commission And ... on 28 November, 2023
Author: Ritu Bahri
Bench: Ritu Bahri
Neutral Citation No:=2023:PHHC:151073-DB
2023:PHHC:151073-DB
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Letters Patent Appeal No. 227 of 2023 (O&M)
Date of Decision: 28.11.2023
Rakesh Kumar .....Appellant
versus
Haryana Staff Selection Commission and another
.....Respondents
CORAM: HON'BLE MS.JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE AMAN CHAUDHARY, JUDGE
Present : Mr. R.N.Lohan, Advocate, for the appellant.
Mr. Deepak Balyan, Addl. Advocate General, Haryana.
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RITU BAHRI, ACTING CHIEF JUSTICE (oral) The appellant has filed this appeal against the impugned judgment dated 19.01.2023 passed by the learned Single Judge whereby the petition filed by the appellant was dismissed.
2. In brief, the facts are that the Haryana Staff Selection Commission invited applications for filling up 440 posts of Lower Divisional Clerk in Dakshin Haryana Bijli Vitran Nigam (DHBVN)- respondent No.2 vide advertisement dated 05.07.2019. Out of 440 posts, 77 posts were reserved for BCB category, which were further bifurcated into 55 posts kept for NonESM/ESP, 19 posts for ESM and 3 posts for ESP.
3. It is submitted by learned counsel for the appellant that the appellant belongs to BCB category and he appeared in the written examination and secured 83 marks out of 90 marks whereas the last candidate on the merit list in the category of BCB had secured 66 marks. The appellant has been denied the benefit of BCB category on the ground 1 of 2 ::: Downloaded on - 04-12-2023 20:41:48 ::: Neutral Citation No:=2023:PHHC:151073-DB 2023:PHHC:151073-DB Letters Patent Appeal No. 227 of 2023 (O&M) [2] that he had applied under the BCB-DESM category and found ineligible at the initial stage because his certificate of DESM was not correct.
4. After hearing learned counsel for the parties, the appeal is allowed with a direction that even if the appellant is found ineligible under the DESM category, he may be given appointment on the post of Lower Divisional Clerk keeping in view the fact that he has secured 83 marks in the BCB category whereas the last candidate in BCB category secured 66 marks. The appointment be given to the appellant within a period of two weeks and thereafter inform this Court.
(RITU BAHRI) ACTING CHIEF JUSTICE (AMAN CHAUDHARY) JUDGE 28.11.2023 ravinder Whether speaking/reasoned √Yes/No Whetherreportable Yes/No√ Neutral Citation No:=2023:PHHC:151073-DB 2 of 2 ::: Downloaded on - 04-12-2023 20:41:49 :::