LAWS(P&H)-2020-1-48

SARIKA Vs. STATE OF HARYANA

Decided On January 07, 2020
SARIKA Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) This petition is filed under Articles 226/227 of the Constitution of India for the issuance of a writ in the nature of certiorari for quashing the result dated 24.02.2012 (Annexure P-7) of the Haryana Civil Service (Judicial Branch) Main Examination, 2011 and the subsequent Notification dated 21.05.2012 (Annexure P-9) of appointment, being violative of the rules and regulations and the law laid down by Hon'ble Supreme Court in Ashok Kumar Yadav Vs. State of Haryana : 1985(4) SCC 417. The petitioner has further prayed for the issuance of a writ in the nature of mandamus, directing the respondents to consider and appoint the petitioner as a Civil Judge (Junior Division) in the Haryana Civil Service (Judicial Branch) on the basis of notification dated 21.05.2012 (Annexure P-9) whereby the petitioner was declared successful in the Haryana Civil Service (Judicial Branch) Main Examination 2011.

(2.) The erstwhile Punjab Government, vide notification No.3010-G- 51/1-6094 dated 26.10.1951, enacted the Punjab Civil Service (Judicial Branch) Rules, 1951 regulating the recruitment and conditions of service of persons appointed thereto. The said Rules were adopted by the Haryana Government. The 1951 Rules were amended from time to time and were last amended vide notification No.GSR 5/Const.Art.234 and 309/2011 dated 27.05.2011 whereby rule 7-B in part A and rules in "Part C-Examination of Candidates" were substituted which read as under:-

(3.) The main examination shall be held at such place and on such date, as may be notified in the Official Gazette.