RAM MURTI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through the present petition the petitioner has challenged the list dated 12/02/2018 (Annexure P-9) whereby petitioner's candidature has been rejected and he was not called for the interview. As per the advertisement dated 18/05/2017 (Annexure P-1), respondent no.2-Haryana Staff Selection Commission, Panchkula (hereinafter referred to as 'the Commission') advertised 2038 posts of Heavy Vehicle Driver, out of which, 20 posts were reserved for Outstanding Sports Persons (OSP) General Category. The petitioner applied for the post of heavy vehicle driver under OSP General Category.

(2.) On 1.3.2018, at the time of issuing notice of motion, a direction was given to the respondents to interview the petitioner provisionally. It was further ordered that the result of the petitioner shall be kept in a sealed cover. On 22/10/2019, the State Counsel produced the result of the petitioner in a sealed cover. As per the result, the petitioner obtained 84 marks under OSP General Category, whereas cut-off marks were 30. On that date, the State Counsel sought time to file an affidavit in this regard.

(3.) As per the reply filed on 07/01/2020, the petitioner appeared for the written examination which was held on 06/08/2017. The result of the written examination was declared by the Commission on 10/11/2017 in which the petitioner was shown as one of the short listed candidates. The short listed candidates including the petitioner were called for scrutiny of documents and driving proficiency test on 14/11/2017 vide notice dated 10/11/2017. The petitioner appeared for scrutiny and driving test on 14/11/2017. During scrutiny of documents, it was found that the petitioner applied under OSP General Category but the petitioner was not having certificate of OSP General Category. In fact, at the time of filling up of application form, the petitioner was not having certificate of OSP General Category duly issued by the competent authority. Rather, he applied for the Sports Gradation Certificate after the scrutiny of documents. Therefore, the petitioner was declared not eligible for the post of Heavy Vehicle Driver as he was not fulfilling the required eligibility for the post in question on the cut-off date. In compliance with order of this court dated 01/03/2018, the petitioner was provisionally interviewed on 28/03/2018. Copy of attendance sheet for interview has been annexed with the reply as Annexure R-2/1.