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1. The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking issuance of a writ in the nature of certiorari for quashing the impugned action of the respondents for considering the petitioner in General Category as per list of details of the marks of candidates, who participated in the scrutiny of documents (Annexure P-17) instead of considering him in General-DESM Category for selection to the post of ALM with a further prayer to direct the respondents to consider the claim of the petitioner for selection to the post of ALM under General-DESM Category and place the petitioner at appropriate place in selection list/revised result dated 06.07.2022 (Annexure P-13) in the General-DESM Category as he had secured 1 of 27 Neutral Citation No:=2024:PHHC:115085 more marks than the last selected candidate and also to recommend the name of the petitioner for appointment to the post of ALM to the concerned department. BRIEF FACTS OF THE CASE
SUBMISSIONS BY LEARNED COUNSEL FOR THE PETITIONER
7. Learned counsel for the petitioner submitted that it is a case where as per the terms and conditions of the advertisement, various notes have been provided under Clause 2.4 and he referred to Note No.15 of the aforesaid Clause, which is reproduced as under:-
"15. DESM candidates of Haryana claiming benefit must have valid eligibility certificate on last date of submission of online application form and will have to produce the valid Eligibility Certificate from the concerned Zila Sainik Board when called upon to do so by Haryana Staff Selection Commission. Mere dependent certificate will not be entertained. ESM candidates should also produce attested photo copy of Identity Card issued by concerned Zila Sainik Board & Discharge Book whenever required."
12. Learned counsel for the petitioner referred to a judgment passed by this Court in CWP-1808-2022, titled as Anil Kumar versus State of Haryana and others, decided on 01.05.2024 to contend that in similar circumstances, this Court while referring to various other judgments passed by Hon'ble Supreme Court and High Courts allowed the writ petition even if the Dependent of Freedom Fighter certificate was not attached along with the application form but was issued at the time of scrutiny of documents and therefore, so far as the case of the present petitioner is concerned, the same would also be squarely covered by the aforesaid judgment passed by this Court. He further submitted that the advertisement which was the subject matter of the aforesaid writ petition i.e. Anil Kumar's case (supra) and the present writ petition is the same and therefore, all the conditions of the advertisement of the aforesaid writ petition i.e. Anil Kumar's case (supra) and the present writ petition are also same and therefore, necessary direction be issued to the respondent- Commission to consider and forward the case of the petitioner by considering him under Dependent of Ex-Servicemen category to the concerned department i.e. respondent No.2 for further appointment. He further submitted that when notice of motion was issued by this Court on 11.07.2022, it was also directed that one post in the DESM-General category, if not already filled, be kept vacant. He also submitted that now when reply has been filed by the 11 of 27 Neutral Citation No:=2024:PHHC:115085 respondents, it has been stated therein that one post under the DESM-General category has been kept vacant and the same is still lying vacant. SUBMISSIONS BY LEARNED STATE COUNSEL
18. Before proceeding further, the averments which have been made by the petitioner in para No.6 of the present writ petition are required to be considered and therefore, para No.6 of the present writ petition is reproduced as under:-
"6. That it is submitted here that the respondent commission had issued the notice to the candidates for inviting objections on answer key for the various posts of ALM against the advt No. 11/2019 category no.21 of UHBVNL. A copy of the said notice dated 16.11.2021 is enclosed herewith as annexure P/8. The petitioner has not filed any objections against the answer key. Finally, the result of the written examination for the post of ALM was declared on dated 28.12.2021 by the respondent commission without properly deciding the objections of the petitioner. The roll number of the petitioner was figured in the said list of successful candidates in the written test, therefore, he had cleared the written test. A copy of the Result dated 28.12.2021 is enclosed herewith as annexure P/9. It is submitted here that as per the said notice dated 28.12.2021, the candidates are required to appear for the document verification from 07.01.2022 onwards. However, the respondent commission had issued the notice to the candidates for online scrutiny for documents for ALM from 14 of 27 Neutral Citation No:=2024:PHHC:115085 25.1.2022 to 28.1.2022. A copy of the said notice is enclosed herewith as annexure P/10. The petitioner has duly uploaded the documents in the prescribed format. The respondent commission had issued the schedule for the scrutiny of documents to be held from 1.2.2022 to 7.2.2022. The copies of the scheduled for scrutiny of the documents is enclosed herewith as annexure P/11. Accordingly, the petitioner had participated in the scrutiny of documents from dated 5.2.2022 and his documents were found in order and there was no deficiency of any kind and he was fully found fit and eligible for the post of ALM. However, they have raised the objection that on the basis of Relationship certificate the petitioner could not considered under the DESM category, therefore, he was asked by the officials of the respondent commission to submit the DESM certificate issued by the Zila Sainik Board to get the benefit of reservation under DESM category. Therefore, the petitioner approached the Distt. Sainik and Ardh Sainik Welfare Officer, Sonipat to issue the DESM eligibility certificate and on the said request of the petitioner, the Distt. Sainik and Ardh Sainik Welfare Officer, Sonipat has issued the DESM eligibility certificate dated 10.2.2022 is enclosed herewith as annexure P/12. Thereafter, the petitioner had submitted the said certificate in the respondent commission on dated 11.2.2022 vide diary no. 1649 maintained by the respondent commission."