WRIT PETITION 25778 of 2012 on 21 December 2012

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CWP No. 25778 of 2012 Date of Decision : 21.12.2012

Manisha Saini

..... Petitioner(s)

Versus

State of Haryana and others ..... Respondent(s)

CORAM:HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Present:- Mr. Ajay Shekhawat, Advocate, for the petitioner.AUGUSTINE GEORGE MASIH, J. (ORAL)

Petitioner has approached this Court asserting that hercandidature for the post of Post Graduate Teacher (Biology) has been wronglyrejected on the ground that she did not possess the certificate of BackwardClass, prior to the last date of submission of the applications. As a matter offact, petitioner belongs to the Backward Class category and possessedcertificate from Delhi where she was resident prior to her marriage to ShriSandeep Saini, who is a resident of Haryana. Accordingly, petitioner movedan appropriate application before the competent authority in Delhi forcancellation of Backward Class certificate, issued in her favour. On obtainingthe said cancellation certificate, petitioner applied for the Backward Classcategory certificate in the State of Haryana, which was issued to her on10.10.2012 (Annexure-P-9 Colly) by the Tehsildar, Rohtak. It is asserted thatsince the petitioner now possesses Backward Class certificate, she is entitledto be considered for appointment to the post of Post Graduate Teacher andrejection of her candidature cannot be sustained. In support of this contention, counsel for the petitioner has placed reliance upon the judgmentpassed by this Court in CWP No. 13800 of 2008 titled as Komal Versus Stateof Punjab and another, decided on 23.4.2009.I have considered the submissions made by the counsel for thepetitioner and have gone through the records of the case.

Admittedly, as per the advertisement dated 7.6.2012, issued bythe respondents, which was followed by a corrigendum dated 3.7.2012, thelast date for submission of the applications was 15.7.2012. In thecorrigendum dated 3.7.2012, it was clearly mentioned that the valid date of alldegrees/diplomas/certificates/age/relaxation and four years experience wouldbe the closing date of the advertisement, i.e. 15.7.2012. In the light of thisspecific clause in the advertisement and the corrigendum, the claim of thepetitioner cannot be accepted as the last date for considering the eligibilitycannot be extended.

Further, as per the special instructions Appendix-A, copy whereofhas been appended as Annexure-P-1 with the writ petition, under the heading'Reservation', it was clearly mentioned that the reservation forSC/BC/PHC/ESM/DESM/DFF/OSP is only for domicile of Haryana and asper the Haryana Government instructions, certificate for reservation had to beissued by the competent authority. Petitioner admittedly got the domicilecertificate of Haryana on the same date as she got the Other Backward Classand Backward Class certificates, i.e. 10.10.2012 (Annexure-P-9 Colly) whichis subsequent to the last date of submission of application forms. Since on thedate of determining the eligibility of a candidate, petitioner did not possess therequisite certificates, therefore, rejection of her candidature is in accordancewith law. The judgment relied upon by the petitioner in Komal's case (supra)

would not be applicable to the case in hand as in the said case what hadhappened was that the applicant had not attached the certificate alongwith theapplication. Here this is not the condition. Petitioner in this case did notpossess the qualification for being considered, as per the mandate of theadvertisement under the Backward Class category.

In view of the above, finding no merit in the present writ petition,the same stands dismissed.

It goes without saying that the petitioner does not lose her rightfor consideration under the general category, if she fulfills the requiredconditions for interview.

21.12.2012sjks

(AUGUSTINE GEORGE MASIH)JUDGE