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Punjab-Haryana High Court

Robin Singh vs State Of Haryana And Ors on 27 September, 2018

Author: Ritu Bahri

Bench: Ritu Bahri

CWP No. 24678 of 2017 (O & M)                                         -1-




        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH



                           CWP No. 24678 of 2017 (O & M)
                           Date of Decision:-27.09.2018

Robin Singh


                                                      ...Petitioner
                           Versus



State of Haryana and others

                                                      ...Respondents


CORAM:- HON'BLE MS. JUSTICE RITU BAHRI

Present:-    Mr. Baldev Singh Badhran, Advocate
             for the petitioner.

             Mr. S.K. Yadav, DAG Haryana.

             Mr. G.S. Gopera, Advocate
             for the applicant.

RITU BAHRI J.(Oral)

The result has been opened in Court today. The petitioner has secured 118 marks in the written examination and 09 marks in viva voce in total 127 marks. The result is returned back.

Petitioner is a candidate for the post of Water Pump Operator in the category of EBPG for which there are 58 seats. As per the application form (Annexure P-7) this category was reflected as EBPGC- Outstanding Sports Person. He was issued admit card on 07.5.2017 1 of 3 ::: Downloaded on - 06-10-2018 23:18:06 ::: CWP No. 24678 of 2017 (O & M) -2- (Annexure P-7) for both the categories. He cleared the written examination as per the result on 04.7.2017 (Annexure P-8). He was called for scrutiny of documents and was asked to apply only against EBPG.

While issuing notice of motion, petitioner was directed to be provisionally interviewed under the EBPG category. Today the result has been opened and the petitioner has secured 118 marks in written examination and 09 marks in viva voce, in total 127 marks.

Counsel for the applicant on an application under Order 1 rule 10 CPC states that as per the application form (Annexure P-7) he has made this application under two categories.

Counsel for the petitioner verifies that he was never outstanding sportsman and no gradation certificate was in his possession. By mistake he mentioned this category and no post of outstanding sports person under the EBPGC category had ever been advertised. Hence, his case is rightly to be considered against the category of Economically Backward Class. The eligibility certificate (Annexure P-5) is the certificate dated 05.12.2016 to the effect that petitioner belongs to Economically Backward Class Category. Hence, he was duly qualified to apply for this post.

Counsel for the State on instructions from Shri Vinay Singh and as per the record has informed the last selected candidate under the EBPG category has got 116 marks.

Since the petitioner has got 127 marks, is duly selected. Consequently, the writ petition is allowed and the respondents 2 of 3 ::: Downloaded on - 06-10-2018 23:18:06 ::: CWP No. 24678 of 2017 (O & M) -3- are directed to issue appointment letter to the petitioner forthwith.

The application under Order 1 rule 10 CPC is hereby dismissed.

September 27, 2018                               ( RITU BAHRI )
Vijay Asija                                          JUDGE


Whether speaking/reasoned                       Yes / No
Whether Reportable                              Yes / No




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