Parveen Kumar and Another Vs State of Haryana and Others

Prayer in the present Civ i l Writ Petition filed under Article 2 2 6 of the Constitution of India i s for issuance of a writ in the nature of certiorari for quashing the com m unication dated 15.10.2024 (Annexu r e P-12), to the extent whereby the claim of the petitioners for appo i ntment to the post of Multipu r pose Health Worker (Male) from the w aiting list has been declined o n the ground that the validity of the w a iting list had expired, despite t he existence of vacant posts and notwithstanding the fact that the del a y in filling up the vacancies was solely attributable to the respondents, thereby depriving the petitione r s of their legitimate right to b e considered for appointment in accor d ance with the Government i n structions dated 25.06.2019 (Annexu r e P-9) and the settled principles of law laid down by the

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VIJAY ASIJA 2026.07.23 19.30 I attest to the accuracy and integrity of this document

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CWP-1052-2025 (O & M) 2

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Hon'ble S upreme Court of India as we l l as this Court. Further, for issuance of a writ in the nature o f mandamus directing the responde n ts to offer appointment to the petitioners against the available vacant posts of Multipurpose Health Worker (Male) from the wait i ng list, by extending the b enefit of the Government instructions dated 25.06.2019 (Annexu r e P-9) and the judgments relied u p on by the petitioners, with all consequential benefits including continuity of service, notional s eniority, notional fixation of pay and a ll other service benefits from t h e date the vacancies became available or from the date the peti t ioners became entitled to appoint m ent.

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At the very outset, it is very fairly pointed out by learned counsel f o r the petitioners that no right a c crues to the petitioners as in the writt e n statement dated 07.8.2025 fi l ed on behalf of respondents No.1 and 2, the respondents have stated i n para 12 as follows :-

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“That it is respectful l y submitted that as per the details given herein a bove, appointment letters to General Category c a ndidates have been issued upto the seniority N o . 384 during the extended period of limitation i. e . upto 26.09.2021. Whereas, merit position of t h e petitioners Sh. Parveen Kumar and Sh. V i render Singh in General category is at Sr. No. 386 and 392, respectively. Therefore, in terms of merit position of the petitioners, they a r e not entitled for any appointment due to n o n availability of any vacant posts during the exte n ded limitation period of the selection/seniority lis t that was upto 26.09.2021.

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CWP-1052-2025 (O & M) 3

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Hence, the instant w rit petition is liable to be dismissed being devoi d of merits.” Learned counsel for the peti t ioners submits that since the merit po s ition of the petitioners is bel o w that of the last selected candidat e , no enforceable right survives in their favour for claiming appoint m ent from the waiting list.

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Learned State counsel doe s not dispute the aforesaid factual p o sition and submits that, in vi e w thereof, the present writ petition h as been rendered infructuous an d deserves to be dismissed.

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Heard.

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In view of the fair stand tak e n by learned counsel for the petitione r s and the admitted factual p osition emerging from the written s t atement, no ground for interfer e nce is made out in exercise of the wr i t jurisdiction of this Court.

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Accordingly, the present wri t petition is dismissed . Pending application(s), if a n y, shall also stand disposed

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of.

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July 21, 2 026 ( NIDHI GUPTA ) Vijay Asija JUDGE

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Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No

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VIJAY ASIJA 2026.07.23 19.30 I attest to the accuracy and integrity of this document

Parveen Kumar and Another v. State of Haryana and Others

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Parveen Kumar and Another v. State of Haryana and Others

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