Punjab-Haryana High Court
Akash Goyal vs State Of Haryana And Ors on 23 February, 2023
Author: Jaishree Thakur
Bench: Jaishree Thakur
Neutral Citation No:=2023:PHHC:033938
CWP No. 16736 of 2017 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 16736 of 2017 (O&M)
Reserved on: February 09, 2023
Date of Decision: February 23, 2023
Akash Goyal
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Sahil Gupta, Advocate
for the petitioner.
Mr. Narinder Singh Behgal, AAG, Haryana.
Mr. Amar Vivek Aggarwal, Advocate,
for respondents No. 2 to 4.
JAISHREE THAKUR, J.
1. The present writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Mandamus directing the respondents to consider the candidature of the petitioner for recruitment and appoint him on a technical post in Deen Bandhu Chottu Ram Thermal Power Plant, Yamunanagar, as per the policy of Power Department, Government of Haryana, being a land oustee.
2. The brief facts of the case are that erstwhile Haryana State Electricity Board now known as the Haryana Power Generation Corporation Limited acquired 1100.51 acres of land during the year 1983 to 1986 for setting up Deen Bandhu Chottu Ram Thermal Power Plant (for short "DCRTPP") at Yamunanagar. Apart from that, 22.11 acres of land was also 1 of 9 ::: Downloaded on - 03-03-2023 00:58:10 ::: Neutral Citation No:=2023:PHHC:033938 CWP No. 16736 of 2017 2 acquired during the year 2006 to 2009 for this project, which was commissioned during April 2008 to June 2008. On 5.7.2007 (P-1), the Power Department of the State of Haryana issued a Policy for providing employment to the land oustees of a similar project, namely Rajiv Gandhi Thermal Power Plant, Khedar, Hisar (for short "RGTPP"), however, oustees of DCRTPP were not included in the said policy. Consequently, the land oustees of DCRTPP filed a CWP No. 10372 of 2013 in this Court seeking employment in lieu of the land acquired for setting up of DCRTPP, on the pattern of RGTPP. In the meantime, the matter was considered by the Council of Ministers on 29.1.2014 and in pursuance of that a provision was made for employment to the land oustees of DCRTPP on the pattern of land oustees of RGTPP.
3. In view of the policy decision, the petitioner also submitted an application for employment along with all qualification certificates on 17.6.2014 (P-2). It is averred that at that time, the petitioner was awaiting the result of his 4thsemester of B.Tech. degree examination. After submission of the application, the petitioner submitted an affidavit before the respondents along with a letter (P-3) mentioning the noting given by the Controller of Examinations, Kurukshetra University, stating that the result of 4th semester B.Tech. examination. would be declared in the month of September, 2014. Thereafter, the petitioner moved an application before the Superintendent, Examination Kurukshetra University to provide confidential result and in pursuance of that confidential result dated 28.10.2014 (P-4) was sent by the Kurukshetra University to respondent No.2. Ultimately, on 26.5.2015 (P-6), the petitioner received an offer of appointment for the post of Peon, which was not accepted by him. Rather, the petitioner made a representation to the 2 of 9 ::: Downloaded on - 03-03-2023 00:58:10 ::: Neutral Citation No:=2023:PHHC:033938 CWP No. 16736 of 2017 3 Speaker of Haryana Vidhan Sabha, who forwarded the representation along with documents to the respondents with the recommendation (P-7) that the name of the petitioner be considered for appointment on the basis of his qualifications. Thereafter, the petitioner made a representation dated 8.6.2015 (P-8) along with letter of Speaker for appointment, but he did not receive any response from the respondents. Hence, the instant writ petition.
4. Learned counsel for the petitioner would argue that the petitioner has wrongly been deprived of his legal right of appointment despite the fact that he was fully eligible and qualified for being appointed as J.E./Operator. It is submitted that while providing employment to the land oustees, a number of relaxations were given by the respondents, for example, employment was given to the oustees on attaining the age of majority as at the relevant time, they were underage. Whereas in the case of the petitioner, who had made an application for appointment on 17.6.2014 and thereafter filed an affidavit on 25.8.2014 stating regarding declaration of the result of 4th semester examination of B.Tech. and also sent the result of the 4th semester examination on 20.10.2014, still intentionally he was offered appointment for the post of Peon. It is also submitted that though the last date for submission of online applications was extended to 21st February, 2015, but the same benefit was not given to the petitioner.
5. Per contra, learned counsel for the respondents would argue that at the first instance, an application form of the petitioner complete in all respect was received in the office of respondent No.3 on 21.8.2014, in which he had mentioned his qualification as B.Tech (Electronics) pass, whereas on scrutiny, it was found that the petitioner's claim regarding his qualification was 3 of 9 ::: Downloaded on - 03-03-2023 00:58:10 ::: Neutral Citation No:=2023:PHHC:033938 CWP No. 16736 of 2017 4 incorrect. He had not completed his B.Tech. degree (4th Semester) and had compartment in one of the subjects. It is submitted that while providing employment to the oustees of DCRTPP, the qualifications attained by the land oustees as on 17.8.2014, i.e. the date on which the first agenda was approved was taken into consideration and the said criteria was uniformly applied to all such land oustees who submitted their applications for the various posts. Since as on 17.8.2014, the petitioner possessed qualification of 10+2 only and his B.Tech. degree was not complete, accordingly, in terms of the qualification possessed by the petitioner as on cut-off date i.e. 17.8.2014, the petitioner was offered a post of Peon, which he did not accept. Thus, there was no discrimination meted out to the petitioner and he does not deserve any relief.
6. I have heard learned counsel for the parties and have perused the record.
7. Admittedly, the petitioner submitted his application for employment being land oustee on 17.6.2014 and cut-off date for considering the eligibility of a candidate vis-à-vis his qualification was fixed as 17.8.2014. As such on 17.8.2014, the petitioner had not completed his B. Tech. degree, as admitted by the petitioner himself and, therefore, in terms of the 10+2 qualification that petitioner was possessing at the relevant date i.e. 17.8.2014, he was offered the post of Peon, which was not accepted by him. In so far as extension of time for submission of applications is concerned, it is vehemently argued that the time for submitting the applications was extended from time to time, but the date for considering qualifications for employment was kept the same i.e. 17.8.2014 by placing reliance on (R-1/A) which is a memorandum of the meeting held on 29.1.2014.
4 of 9 ::: Downloaded on - 03-03-2023 00:58:10 ::: Neutral Citation No:=2023:PHHC:033938 CWP No. 16736 of 2017 5
8. In these circumstances, the question that falls for consideration is, whether the petitioner was entitled to appointment for a post other than the post of Peon, which was offered to him keeping in view his qualification as on cut-off date and; what would constitute a cut-off date in the instant case considering that the time was extended to submit application forms.
9. This Court in Jyoti Rani Versus State of Haryana and others Civil Writ Petition No. 22233 of 2010 decided on 24.2011, in a case identical to the facts of the present case, held the cut-off date to be sacrosanct. There is no quarrel with the said ruling. But the same is not applicable in the instant case. The initial public notice was issued wherein it had been decided to provide employment to 135 number of land oustees whose two or more than two acres of land was acquired for establishment of Deen Bandhu Chhotu Ram Thermal Power Plant, Yamuna Nagar. The last date for submission of completed application forms was kept as 19.6.2014 and then subsequently extended upto 15.9.2014 in public interest. Thereafter, another public notice came to be issued whereby the date was further extended upto 21.2.2015 in respect of remaining applicants from the list of 135 number of land oustees who could not submit their applications till that date. The public notice as issued is reproduced as under:-
"The Govt. of Haryana decided to provide employment to 135 nos. land oustees whose two or more than two acres of land was acquired for establishment of Deen Bandhu Chhhotu Ram Thermal Power Plant, Yamuna Nagar. The list of 135 nos. (123 plus 12 nos.) land oustees as prepared by DC Office, Yamna Nagar can be seen in the office of Executive Engineer/CMD-I, DCRTP, HPGCL, Yamuna Nagar. Last date for submission of completed application forms, kept as 19.06.2014 originally was 5 of 9 ::: Downloaded on - 03-03-2023 00:58:10 ::: Neutral Citation No:=2023:PHHC:033938 CWP No. 16736 of 2017 6 extended upto 15.09.2014 from time to time in public interest. But some of the applicants appearing in the list of land oustees supplied by the DC, Yamuna Nagar have yet not submitted their applications for employment.
The competent authority has now decided to extend the last date for submission of applications further upto 21.02.2015 in respect of remaining applicants from the list of 135 nos. land oustees who did not submit their applications till now. For making available the remaining applications completed/verified in all respect with the competent authority upto 21.02.2015, these applications must reach the office of Executive Engineer/CMD-I DCRTPP, HPGCL, Yamuna Nagar latest by 15.02.2015. Applications received after 15.02.2015 shall not be entertained.
Therefore, the remaining Land oustees appearing in the list are again requested to apply for employment to one member each of his family latest by 15.02.2015. The format of application and affidavit(s) required for applying can be had from the office of Executive Engineer/CMD-I, DCRTPP, HPGCL, Yamuna Nagar or downloaded from officials website of HPGCL (www.hpgcl.gov.in)."
In fact, as per information received under the RTI Act, 2005 (Annexure P-9), the last date for submission of completed application forms was extended from time to time i.e. upto 19.6.2014, 30.6.2014, 30.7.2014, 31.8.2014, 15.9.2015 and lastly upto 15.2.2015.
10. Learned counsel for the petitioner has urged that initially when he had applied for the post pursuant to the public notice, he had clearly mentioned that he has done B.Tech. degree. However, the respondents wrongly ignored his claim for appointment as Operator/JE-I on the basis of B.Tech. degree since final result had not been declared. However, during the period when time was extended for submission of the application forms, the petitioner had cleared the 6 of 9 ::: Downloaded on - 03-03-2023 00:58:10 ::: Neutral Citation No:=2023:PHHC:033938 CWP No. 16736 of 2017 7 necessary qualifications to be considered for appointment as Operator/JE-I. The arguments as raised by the learned counsel for the respondents that the case of the petitioner cannot be considered as the cut-off date 17.8.2014 has to be taken for considering eligibility vis-a-vis the qualifications possessed by the applicants/oustees and this decision is based on the approval of memorandum Annexure R1/A, is not sustainable. Once the date for submission of applications forms for appointment, stood extended from time to time, the last extended date for submission of application shall be considered as cut off date for all intents and purposes including the educational qualifications possessed by the applicants/oustees, which in the instant case is 15.2.2015. Otherwise also, the policy decision was taken for the social benefits of the land oustees whose land was acquired for the Deen Bandhu Chhotu Ram Thermal Power Plant, Yamuna Nagar, and therefore, no discrimination could be done insofar as the last date for submission of form vis-a-vis the qualifications possessed by the applicants/oustees. The public notice as issued does not stipulate that the eligibility criteria would be taken as on 17.8.2014. In fact, to the contrary, a reading of the public notice would show that the competent authority had decided to extend the last date for submission of the application forms upto 21st February, 2015. There is no mention that cut-off date for qualification would be as per the previous public notice issued.
11. Learned counsel for the respondents have tried to reply upon Annexure R1/A, which is a proposal of the Council of Ministers in support of his argument that the qualification for employment was to be kept same as on 17.8.2014. However, there is no such consideration reflected in the said proposal. The minutes of the meeting as relied upon clearly reflect that there 7 of 9 ::: Downloaded on - 03-03-2023 00:58:10 ::: Neutral Citation No:=2023:PHHC:033938 CWP No. 16736 of 2017 8 were sufficient number of vacancies available in each of the Power Utilities for giving employment to 44 persons and the proposal was approved to issue offer of appointment to 42 out of 44 applicants, as worked out. The proposal as approved in the memorandum at serial No. 2.5, is reproduced as under:-
"2.5 This proposal has been approved by the Hon'ble Chief Minister, Haryana subject to the following conditions:-
i) To issue offer of appointment to 42 out of 44 applicants as worked out above.
ii) The employment to 2 underage applicants will be provided as per their qualification, after they attain the age of 18 years. Presently, such appellants would be given assurance letters that they will be provided employment after attaining the age of 18 years.
iii) For taking the aforesaid Class-III posts out of purview of Haryana Staff Selection Commission (HSSC).
iv) The case for providing employment to the balance land oustees (i.e. 135-59-44=32) will be put up subsequently after receipt/verification of their applications on the same terms and conditions."
A bare perusal of the said meeting note, as relied by the learned counsel for the respondents, does not reflect that the eligibility was to be taken as on the date of the initial public notice issued. In the instant case, the last date for submission of application forms was extended from time to time and the last date for submission of application forms was 15th February, 2015, by which date, the petitioner had already acquired necessary qualification to be considered for the post of Operator/J.E. In a recent judgment rendered by the Supreme court in Himachal Pradesh State Electricity Board Ltd. vs. Dharminder Singh Civil Appeal No 8828 of 2022 decided on 23rd November, 2022, it has been held that the cut-off date for acquiring the 8 of 9 ::: Downloaded on - 03-03-2023 00:58:10 ::: Neutral Citation No:=2023:PHHC:033938 CWP No. 16736 of 2017 9 qualification advertised is the last date of application. The same ratio has been laid down in Ashok Kumar Sonkar Vs. Union of India reported in (2007) 4 SCC 54 as well as in Rakesh Kumar Sharma Vs State (NCT Of Delhi) and others (2013)11 SCC 58. In another judgment rendered in The State of Bihar and others Versus Madhu Kant Ranjan and another 2022 (1) SCT 223, the Supreme Court has held that a candidate or applicant has to comply with all conditions/eligibility criteria as per advertisement before cut-off date unless extended by recruiting authority. The ratio of these judgments is fully applicable to the facts of the present case. On the last extended date for submission of form i.e. 15.2.2015, the petitioner had acquired requisite qualification for appointment to the post of Operator/J.E.
12. For the reasons afore-stated, the writ petition is allowed and the respondents are directed to consider the case of the petitioner for appointment to the post he applied for, within a period of two months from the date of receipt of a copy of this order.
February 23, 2023 (JAISHREE THAKUR)
prem JUDGE
Whether speaking/reasoned : Yes
Whether Reportable : No
Neutral Citation No:=2023:PHHC:033938
9 of 9
::: Downloaded on - 03-03-2023 00:58:10 :::