Punjab-Haryana High Court
Tarun Walia vs State Of Haryana And Another on 6 December, 2010
Author: Ranjit Singh
Bench: Ranjit Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Writ Petition No. 19872 of 2010
Date of decision: 06.12.2010
Tarun Walia ...Petitioner
Versus
State of Haryana and another ...Respondents
CORAM: HON'BLE MR. JUSTICE RANJIT SINGH Present: Mr. Raman Sharma, Advocate for the petitioner.
Mr. Sunil Nehra, Sr. DAG, Haryana for the State.
RANJIT SINGH J.
Applications were invited from eligible candidates for filling up 150 posts of Medical Officer, HCMS-II from general category as well as in reserved category. The petitioner belongs to general category and had applied for appointment before the last date of submission, which was 30.09.2010. The application form was to be submitted alongwith fee of Rs. 500/- for general category and was to be deposited in the Government Treasury under head "0210- Medical and Public Health, 01-Urban Health Services, 800- Other Receipts (92)-other items". The father of the petitioner came from Sonepat to deliver the application in the office of respondent No. 2. He, however, did not bring public notice alongwith him. On obtaining information about the treasury head, where this amount is required to be deposited, the father of the petitioner deposited the requisite amount in the State Bank of Patiala. When the list of candidates called for interview was displayed some deficiency was pointed out Civil Writ Petition No. 19872 of 2010 -2- against the name of the petitioner. The petitioner made a grievance that there were other candidates also, who were having discrepancies, which they were allowed to complete. The petitioner was not interviewed on the ground that the application fee of Rs. 500/- did not deposit in the head of relevant Treasury account. The petitioner made a request for being interviewed, which was not allowed. Later on, the petitioner sought correction and the amount has since been transferred to the correct head. When the petitioner was not interviewed, he filed this writ petition to seek direction that this inadvertent mistake should be ignored and the petitioner be interviewed.
Notice was issued. The factual position, as stated, in the petition is not in any serious dispute. The State would point out that the petitioner could not be interviewed because of non-deposit of the requisite fee and his application was, accordingly, rejected. No doubt, the petitioner had deposited the fee but it was not deposited in the right head. Though this mistake was inadvertent but by now the position has completely changed. The interviews are already over in October and the select list has already been prepared. The select list has also been forwarded to the Government for approval and appointment. It would not be appropriate to issue direction to interview the petitioner. For that the interview Board would have to be again constituted, which according to Mr. Nehra, consisted by the Additional Director and some subject experts. Primarily, the petitioner has suffered because of inadvertent mistake of his father for which Civil Writ Petition No. 19872 of 2010 -3- the blame would lie with him. I am, therefore, not inclined to interfere in exercise of writ jurisdiction.
The present writ petition is dismissed.
December 06, 2010 ( RANJIT SINGH ) rts JUDGE