This petition sought a writ of mandamus to direct the respondents to correct the petitioner's category from BCA to BCB for Group-D posts. The High Court dismissed the petition, holding it was too late to seek such relief as the selection process and examination had already concluded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CWP No.19986 of 2019 (O&M)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.19986 of 2019 (O&M) Date of Decision.23.07.2019
Rakesh Kumar
...Petitioner
Vs
Haryana Staff Selection Commission and others ..Respondents
CORAM:HON'BLE MR. JUSTICE AMIT RAWAL
Present: Mr. Manish Mehta, Advocate for the petitioner.
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AMIT RAWAL J. (ORAL)
Prayer in present petition is as follows:-
“Civil Writ Petition under Article 226/227 of the Constitution of India for:-
Issuance of writ in the nature of Mandamus for summoning the record of the case and for directing the respondents to decide the representation filed by the petitioner and to direct them to correct the particular from BCA to BCB category in the application form filled by the petitioner for the posts of Group-D of various departments, boards and corporations advertised by the respondents against the advertisement No.4/2018 category No.1.
Issuance of any other writ, order or direction deemed suitable in the eyes of this Hon'ble Court.
Interim prayer
During the pendency of the present writ petition the proceedings of selection/appointment in posts of Group-D of various departments, boards and corporations against the advertisement No.4/2018 category No.1, may kindly be ordered to be stayed.”
Case of petitioner is that in pursuance to advertisement
PANKAJ KUMAR 2019.07.29 15:07 I attest to the accuracy and integrity of this document
CWP No.19986 of 2019 (O&M) -2-
dated 26.08.2018, Haryana Staff Selection Commission invited applications for direct recruitment to Group D posts in various departments, boards and corporations. Last date for submission of applications was 18.09.2018. Petitioner applied under BCA Category but actually he belonged to BCB Category. Petitioner moved an application (Annexure P-3) dated nil but affidavit reveals date as 10.12.2018 for rectification of aforementioned mistake. Examination was held on 17.11.2018 and declared result on 19.01.2019. Petitioner in fact belongs to BCB category but no action has been taken on representation of petitioner.
I have heard learned counsel for petitioner, appraised paper book and of view that it is too late in a day for seeking relief aforementioned. Petitioner should have come to court with promptitude in case his representation was not accepted within two days of the application, owing to the fact that examination was already ended. Even entire selection process is over now. Though certain writ petitions are pending with regard to veracity of answer key but that would not be relevant for adjudication of grievance as noticed above in the writ petition.
No ground for interference is made out.
Dismissed.
(AMIT RAWAL) JUDGE
July 23, 2019 Pankaj*
Whether speaking/reasoned Yes
Whether reportable No
PANKAJ KUMAR 2019.07.29 15:07 I attest to the accuracy and integrity of this document
3 issues framed by the court
Whether the High Court should exercise writ jurisdiction to reconsider the petitioner's appointment under a different category after the selection process has concluded.
Whether the petitioner's petition filed after the conclusion of the examination and result declaration is maintainable.
Whether a fresh order is required to address the petitioner's grievance regarding his category selection.
Rakesh Kumar
Haryana Staff Selection Commission
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
