Punjab-Haryana High Court
Date Of Decision : March vs State Of Haryana And Others on 10 March, 2014
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No. 4365 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
109.
CWP No. 4365 of 2014
Date of Decision : March 10, 2014
Kulbhushan Ahuja
.... PETITIONER
Vs.
State of Haryana and others
..... RESPONDENTS
CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present : Mr. Jagbir Malik, Advocate,
for the petitioner.
AUGUSTINE GEORGE MASIH, J. (ORAL)
Petitioner has approached this Court raising a grievance that his candidature has been wrongly rejected by the respondents without taking into consideration the duly countersigned experience certificates, copies of which have been appended as Annexures P-1 and P-2.
Counsel for the petitioner contends that the rejection of the candidature of the petitioner primarily appears to be on the basis of a Memo dated 05.12.2012 (Annexure P-6) addressed to the petitioner where the reason for such rejection was that the experience certificate was not countersigned by the Director of the Prerna datta 2014.03.12 13:55 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No. 4365 of 2014 2 State. Petitioner, in response to the said Memo, submitted the requisite certificates within the stipulated seven days' from the date of receipt of the said Memo i.e. 24.12.2012 vide Dairy no. 2869 with the office of the Secretary, Haryana School Teachers Selection Board, Panchkula-respondent No. 3. The said documents have not been considered by the respondents. The result, which has been declared subsequently, does not reflect the name of the petitioner. He further contends that out of total 2057 posts for PGT ( Mathematics), 437 posts meant for the General Category for PGT (Mathematics) are still lying vacant because of the non-availability of the eligible candidates. Petitioner although is fully eligible and entitled for consideration for appointment to the said post but has been ignored by the respondents without taking into consideration the experience certificates. He contends that faced with this situation, petitioner has submitted representations dated 05.04.2013 (Annexure P-8) and 09.09.2013 (Annexure P-10) and thereafter, a reminder dated 14.12.2013 (Annexure P-11) to the Secretary, Haryana School Teachers Selection Board, Panchkula-respondent No. 3 but no response to the same has, till date, been received.
Counsel for the petitioner submits that the petitioner, at this stage, would be satisfied if a direction is issued to the Secretary, Haryana School Teachers Selection Board, Panchkula-respondent No. 3 to consider and decide the latest representation dated 14.12.2013 (Annexure P-11) submitted by the petitioner within some specified time.
Prerna datta 2014.03.12 13:55 I attest to the accuracy and integrity of this document High Court, Chandigarh CWP No. 4365 of 2014 3
In the light of the submissions made by the counsel for the petitioner and without going into the merits of the case or commenting thereon, the present petition is disposed of with directions to the Secretary, Haryana School Teachers Selection Board, Panchkula-respondent No. 3 to consider and decide the representation dated 14.12.2013 (Annexure P-11) within a period of four weeks' from the date of receipt of certified copy of this order. Decision so taken be conveyed to the petitioner forthwith.
(AUGUSTINE GEORGE MASIH )
March 10, 2014 JUDGE
pj
Prerna datta
2014.03.12 13:55
I attest to the accuracy and
integrity of this document
High Court, Chandigarh