Disposed¶23

Amit Kumar v. State of Haryana and Others

Punjab & Haryana HC15 May 2025CWP/6711/2021

Case brief

AI extract

What is this about?

Punjab & Haryana High Court (Vinod S. Bhardwaj, J., 15.05.2025) disposes of CWP-6711-2021 as infructuous after the State produces a delayed sports gradation certificate dated 24.02.2025 (Grade 'D'); holds the delay was the authorities' own, directs acceptance of the certificate despite the 31.08.2019 cutoff, and bars termination-type action for late submission.

What did the court decide?

Respondents directed to consider the sports gradation certificate bearing Sr. No.4977, Certificate No.S/G/D/25/600 dated 24.02.2025 (Grade 'D') as validly submitted and to refrain from taking any action merely because it was obtained after the prescribed cutoff date. ¶23

Amit Kumar Vs State of Haryana and Others — Punjab & Haryana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to consider the petitioner's request for issuance of a sports gradation certificate in terms of the policy dated 25.05.2018, and whether status quo be maintained regarding his service till issuance of such certificate. +1 more

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Court's answer

In view of the sports gradation certificate having been issued (produced in Court dated 24.02.2025), the present writ petition stands rendered infructuous so far as the prayer for issuance of directions to the respondents for issuance of the sports gradation certificate in terms of the policy dated 25.05.2018 is concerned.

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Ratio / Principle

Since the delay in issuance of the sports gradation certificate was on the part of the respondent-authorities themselves, the liability for failure to produce the certificate within time cannot be fastened against the petitioner.

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Key takeaways

The respondents are directed to consider the sports gradation certificate dated 24.02.2025 as having been validly submitted, and not to take any action merely on the ground that it was obtained after the cutoff date prescribed by them.ratio¶22

Detailed headnote1 paragraphs

Writ petition (CWP-6711-2021 O&M) by a Class IV employee selected under the Sports Category pursuant to Advt. No.4/2018 dated 26.08.2018, seeking directions for issuance of a sports gradation certificate in terms of the policy dated 25.05.2018 and maintenance of status quo in service. The Chief Secretary's directions of 24.07.2019 required the certificate to be brought before 31.08.2019, failing which services would be terminated. During pendency, learned State counsel produced in Court a sports gradation certificate (Sr. No.4977, Certificate No.S/G/D/25/600) dated 24.02.2025 for Grade 'D'; the petition was accordingly rendered infructuous on the prayer for issuance of the certificate. Holding that the delay in issuance was attributable to the respondent-authorities themselves, the Court held the petitioner could not be saddled with liability for producing the certificate after the cutoff date and directed the respondents to treat the certificate as validly submitted, without taking any action merely on the ground of its post-cutoff issuance. Petition disposed of.

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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223

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CWP-6711-2021 (O&M) Date of decision: 15.05.2025

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Amit Kumar ...Petitioner

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VERSUS

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State of Haryana and others

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...Respondents

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CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

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Present :- Mr. Karan Singh, Advocate for the petitioner(s).

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Mr. Rahul Dev, Addl. AG Haryana.

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VINOD S. BHARDWAJ, J. (Oral)

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The instant writ petition has been filed by the petitioner for issuance of directions to the respondents to consider his request for issuance of sports gradation certificate in terms of the policy dated 25.05.2018 and that status quo be maintained regarding his service till the issuance of sports gradation certificate.

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Learned counsel appearing on behalf of the petitioner contends that pursuant to the Advt. No.4/2018 dated 26.08.2018, the petitioner applied for Class IV post under the Sports Category. The petitioner had attached the gradation certificate as Annexure P-3 issued by the Deputy Director Sports, Department of Sports & Youth Affairs, Haryana in the Cycling. The petitioner was selected as a Class IV employee under the Sports Category and consequent thereto, he joined under the said category. He contends that the Chief Secretary had issued directions on 24.07.2019 and directed to bring Gradation Certificates from the competent authority before 31.08.2019, failing which, the services of the petitioner shall be terminated. The petitioner accordingly submitted his application with the respondent-

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MANGAL SINGH Department for issuance of the said certificate under the applicable policy, 2025.05.19 10:30 I attest to the accuracy and integrity of this document

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223 CWP-6711-2021 (O&M)

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however, as the needful was not being done, the instant writ petition had been filed.

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Learned State counsel has handed over a photocopy of the sports gradation certificate bearing Sr. No.4977, Certificate No.S/G/D/25/600 dated 24.02.2025 for Grade ‘D’ in the Court today.

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In view of the above, the present writ petition has been rendered infructuous, so far as the prayer for issuance of direction to the respondents for issuance of sports gradation certificate in terms of the policy dated 25.05.2018 is concerned.

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An apprehension has been expressed by the learned counsel for the petitioner that the respondent-authorities may or may not accept the above said sports gradation certificate which has been issued on 24.02.2025 since the initial order was that the sports gradation certificate ought to be submitted on or by 31.08.2019.

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Apparently, the delay in issuance of sports gradation certificate was on the part of the respondent-authorities themselves, hence, the liability for failure to produce the said certificate thus cannot be fastened against the petitioner. The respondents are accordingly directed to consider the aforesaid sports gradation certificate as having been validly submitted and without taking any action merely on the ground that the same has been obtained after the cutoff date as prescribed by the respondent-authorities.

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The instant writ petition is accordingly disposed of.

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15.05.2025

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(VINOD S. BHARDWAJ) JUDGE

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Mangal Singh Whether speaking/reasoned : Yes/No MANGAL SINGH 2025.05.19 10:30 Whether reportable : Yes/No I attest to the accuracy and integrity of this document

Amit Kumar v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Amit Kumar v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

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What the court decided

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