Punjab-Haryana High Court
Bijender vs State Of Haryana & Others on 4 April, 2014
Author: Augustine George Masih
Bench: Augustine George Masih
Civil Writ Petition No.6573 of 2014 {1}
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Date of Decision: April 04, 2014
Bijender
...Petitioner
Versus
State of Haryana & others
...Respondents
CORAM: HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present: Mr.L.S.Sidhu, Advocate,
for Mr.Sukhdev Singh, Advocate,
for the petitioner.
*****
AUGUSTINE GEORGE MASIH, J.(ORAL)
Petitioner has approached this Court with a grievance that the order of rejection of his candidature vide Memo dated 05.12.2012 (Annexure P-7) is unsustainable as none of the grounds taken therein can be said to be holding the field.
Referring to Clauses 7 and 8 of the rejection order, counsel contends that these reasons have been struck of by the Division Bench of this Court in Civil Writ Petition No.15929 of 2012 (Shivani Gupta and others Versus State of Haryana and others), decided on 21.12.2012. The other two conditions on which the candidature of the petitioner has been rejected, i.e., 11 and 12 with regard to experience certificate being not verified by the District Education Officer and not countersigned by the Director also cannot sustain as duly verified and countersigned experience certificates were submitted by the petitioner prior to the last date of submission of such certificates, i.e., 16.08.2012. Kumar Ramesh 2014.04.07 10:16 I attest to the accuracy and integrity of this document High Court Chandigarh
Civil Writ Petition No.6573 of 2014 {2} Counsel for the petitioner contends that in a similar case, where a similarly placed employee, who was not being considered for selection for the post, had approached this Court by filing CWP No.19259 of 2012 (Shalini Versus State of Haryana and others), decided on 09.09.2013 (Annexure P-12), the said ground as has been projected in the case of the petitioner was held to be not applicable as the petitioner had, prior to the last date of submission of certificate, got the certificate, countersigned it and submitted to the competent authority.
Counsel for the petitioner contends that the petitioner has submitted a detailed representation to the Secretary, Haryana School Teachers Selection Board-respondent No.3 dated 25.02.2014 (Annexure P-
11) which has not been decided as yet.
Counsel contends that the petitioner, at this stage, would be satisfied if a direction is issued to the Secretary, Haryana School Teachers Selection Board-respondent No.3 to consider and decide the representation dated 25.02.2014 (Annexure P-11) filed by the petitioner, within some specified time.
In view of the statement made by the counsel for the petitioner and without going into the merit of the case or commenting thereon, the present writ petition is disposed of with directions to Secretary, Haryana School Teachers Selection Board-respondent No.3 to consider and decide the representation dated 25.02.2014 (Annexure P-11) within a period of three weeks from the date of receipt of certified copy of this order.
In case the candidature of the petitioner is accepted, his name shall be duly considered by the competent authority and shall proceed to Kumar Ramesh 2014.04.07 10:16 I attest to the accuracy and integrity of this document High Court Chandigarh Civil Writ Petition No.6573 of 2014 {3} take further steps in accordance with law.
In case the claim of the petitioner is not to be accepted, then a well reasoned and speaking order be passed and conveyed to the petitioner forthwith.
April 04, 2014 ( AUGUSTINE GEORGE MASIH )
ramesh JUDGE
Kumar Ramesh
2014.04.07 10:16
I attest to the accuracy and
integrity of this document
High Court Chandigarh