Petitioner sought direction to allow participation in Group A/B recruitment with Urdu as an optional subject. Court dismissed appeal for lack of locus standi due to late filing and non-application, imposing tree plantation in lieu of costs.
No relief granted; petitioner ordered to plant trees in lieu of costs.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-15643-2021 (O&M) Date of decision: 07.12.2021 Mohd. Imran …Petitioner
Versus
State of Haryana and others …Respondents
CORAM: HON’BLE MR. JUSTICE ARUN MONGA
Present: Mohd. Arshad, Advocate, for the petitioner .
Mr.Saurabh Mohunta, DAG, Haryana.
Dr. Neha Awasthi, Advocate, for respondent No.2-HPSC.
ARUN MONGA, J. (ORAL)
Grievance of the petitioner herein is qua inclusion of Urdu as an optional subject in the list of subjects of main examination of Group ‘A’ and ‘B’ posts (Haryana Civil Services and Allied Services) advertised vide an advertisement No. 03/2021 dated 26.02.2021 (Annexure P-1). The petitioner has also sought a direction directing the respondents to consider him for participating in the aforesaid recruitment process until the final decision qua inclusion of Urdu is taken.
VANDANA 2021.12.24 04:40 I attest to the accuracy of this order
application was 02.04.2021. If the petitioner was actually interested to appear in the said Examination, he should have applied for the same and simultaneously approached this Hon’ble Court for inclusion of Urdu as optional subject in the main written examination but he miserably failed to do so and has filed the present petition only on 24.08.2021 after coming to know about the date of preliminary exam through an advertisement in the newspaper in this regard. Hence, the petition is liable to be dismissed at this ground alone. XXX XX
5(2)
From the perusal of aforesaid Rule, it is submitted that Urdu has not been included as optional subject for Main Written Examination of Haryana Civil Services (Executive Branch) & Allied Services Examination. For inclusion of Urdu as an optional subject, the aforesaid Rule 11 of the Haryana Civil Services (Executive Branch) Rules, 2008 (amended from time to time) is required to be amended. It is pertinent to mention that the petitioner has not challenged the said Rules, 2008 and in the absence of challenge to the vires of said rules, the present petition is not maintainable and is liable to be dismissed.”
respondent No.2- Haryana Public Service Commission would reveal that as regards the power to include a subject as an option in the syllabus for selection to Civil Services, the same is vested with the State Government and therefore, Commission does not have much role to play, as the Commission is simply assigned with the job of conducting the written examination as a recruitment agency and the rest of the selection process is based on the recommendation made by the State Government.
VANDANA 2021.12.24 04:40 I attest to the accuracy of this order
07.12.2021 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No
VANDANA 2021.12.24 04:40 I attest to the accuracy of this order
2 issues framed by the court
Whether petitioner has locus standi to seek direction for inclusion of Urdu as an optional subject in a recruitment examination after failing to apply.
Whether rules governing optional subjects for Haryana Civil Services are challengeable when not specifically impugned.
Mohd. Imran
State of Haryana
Haryana Public Service Commission
Arun Monga
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
