Punjab-Haryana High Court
Anita Rani vs State Of Haryana And Others on 18 July, 2024
Neutral Citation No:=2024:PHHC:089937
CWP-16304-2024
2024 -1--
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
115 CWP
CWP-16304-2024
Date of Decision: 18.07.2024
ANITA RANI ...Petitioner(s)
Versus
STATE OF HARYANA AND OTHERS ...Respondent(s)
CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA
Present:- Mr. Ankit Chahal,
Chahal Advocate
for the petitioner.
petitioner
Mr. R. S. Budhwar, Additional A. G., Haryana.
Mr. Kanwal Goyal, Advocate
for respondents
respondent No.2 and 3/Commission
Commission.
***
TRIBHUVAN DAHIYA,
DAHIYA J. (Oral)
This petition has been filed, filed, inter alia, seeking a writ of certiorari quashing the order dated 15.05.2024, Annexure P P-13,, passed by the third respondent, respondent whereby the petitioner's candidature has been considered as a General category candidate since he was not found eligible under Dependent of Ex-Serviceman erviceman (DESM) category for want of requisite certificate certificate.
2. Learned counsel for the petitioner contends that the Commission had earlier issued advertisementss 13 of 2019 and 32 of 2022 for the posts of Post Graduate Teachers (PGTs) -Mathematics Mathematics; the advertisements were later withdrawn. The posts were re re-advertised vide the instant advertisement 29 of 2023. As per conditions contained therein therein,, the eligibility conditions with regard to age, fee deposition and having qualified HTET are to be considered as per the cut-off cut off date of the earlier two advertisements advertisements,, 1 of 4 ::: Downloaded on - 27-07-2024 07:45:37 ::: Neutral Citation No:=2024:PHHC:089937 CWP-16304-2024 2024 -2--
against which the candidates had earlier applied. Since the petitioner had submitted a valid DESM Certificate, ertificate, Annexure P P-12, in response to the earlier advertisements, and its validity had been renewed upto 31.01.2023, she remained eligible for the posts later advertised vide advertisement 29 of 2023 also. And her candidature could not have been rejected.
3. Learned counsel for the Commission Commission, appearing on advance notice, however contends that as per specific conditions in the advertisement,, the candidates belonging belong to DESM/ Dependents of Freedom Fighters (DFF) categories were required to submit eligibility certificate certificates valid on the closing date for submission of online application form form.. Since the petitioner admittedly did not submit any such certificate, her candidature was rightly rejected rejected. At the same time, as per law she was considered for the post under General category,, but could not be selected being lower in merit, as per the final result declared on 07.06.2024.
07.06.2024
4. Considering the submissions ubmissions made by learned counsel for the parties, it is apparent on record that the applicants, who belong to DESM category were specifically required to submit valid eligibility certificate certificatess showing their eligibility under the category on the closing date for submission of the application form, 18.07.2023.. The eligibility was to be determined on the basis of conditions laid down for the purpose, as incorporated in the advertisement itself. The eligibility of a candidate under DESM category is dependent upon financial standing of the candidates, inter alia, requiring that the person concerned should not be engaged in any kind of employment at the relevant time. Hence the need for a fresh certificate to determine eligibility on the cut-off off date. Therefore, no exception can be taken to the condition incorporated in the advertisement requiring fresh eligibility certificate 2 of 4 ::: Downloaded on - 27-07-2024 07:45:38 ::: Neutral Citation No:=2024:PHHC:089937 CWP-16304-2024 2024 -3--
establishing entitlement under the category,, and rejection of the petitioner's candidature on failing to do that.
that
5. This view is in line with the law laid down by this Court in CWP No.12362 12362 of 2017 titled Bharti Singh v. State of Haryana and others,, relevant paragraph whereof reads as under:
10. Further, the definition of DESM category candidate, as notified in the advertisement, shows there is an income criterion attached thereto. To be eligible under the category, a candidate's monthly income cannot be more than ₹6,000,, the upper limit presc prescribed ribed by government instructions dated 01.12.2003. This condition is required to be satisfied on or before the closing date by submitting the latest eligibility certificate, which itself underscores the need to submit DESM certificate along with the application form to establish the monthly income at that time. Evidently, the eligibility of such candidates is not to be determined only on account of their being progeny of Ex-servicemen;
servicemen; there are other conditions attached to it, like the monthly income from sources other than employment, which is variable in nature and can differ periodically. Hence, the requirement to send the requisite eligibility certificates ertificates along with the form to determine eligibility on the closing date. Failure to do so will invite rejection of the application which has been rightly done in the petitioner's case.
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6. Accordingly, there is no merit in the petition and it stand standss dismissed.
(TRIBHUVAN DAHIYA)) JUDGE 18.07.2024 Ad Whether speaking/reasoned Yes/No Whether reportable Yes/No 4 of 4 ::: Downloaded on - 27-07-2024 07:45:38 :::