RAKESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present set of Civil Writ Petitions filed under Article 226/227 of the Constitution of India, is to the decision of the Government dtd. 26/2/2021, wherein respondent No.3-Commission notified that online application forms, which were invited for 61 posts of Junior Lecture Assistant (J.L.A.), category No.4 of Higher Education Department Haryana, vide Advertisement No.11/2017 dtd. 19/12/2017 was being withdrawn. The challenge is primarily raised on the grounds that firstly, the order was without giving any reasons and secondly, on the principle of estoppel since candidates had applied and sat in the written test held on 23/9/2018 in pursuance of the said advertisement. Their results had been declared on 2/8/2019 (Annexure P-5 in CWP-9571-2021) and thus, they were entitled for the benefit of appointment as such since the Commission had sent a recommendation list also to the concerned department for appointment on the said posts.

(2.) In another bunch of cases, which have been filed by the unsuccessful candidates, whose names did not find mention in the result, which was declared, the Rules have been challenged and quashing of the result is prayed for.

(3.) The factual matrix which requires consideration for adjudication of the dispute in question is that vide communication dtd. 6/7/2017 (Annexure P-2), Director General, Higher Education Haryana sent a requisition for the candidates, which were required to be appointed including Tabla Player, Junior Lecture Assistant and Laboratory Attendant in various Government Colleges of Haryana. As noticed, the present litigation only pertains to the posts of J.L.A., which were 61 in number. The requisition provided that academic qualification were to be read as under:- <FRM>JUDGEMENT_237_LAWS(P&H)4_2022_1.html</FRM>