RAMESH CHANDER JOON Vs. STATE OF HARYANA

JUDGEMENT

(1.) Haryana Public Service Commission had advertised some posts of Haryana Civil Services. (Executive Branch) and other allied services for which the last date for submission o f the application was 3-10.1989. The petitioner had applied in response to the said advertisement and at the time he had applied for the post, he was unemployed. In item No. 5(ii) of the Brochure issued by the Haryana Public Service Commission containing instructions for the information of candidates for Haryana Civil Services (Executive Branch) and other allied services examination, 1989, it had been provided as under:-

(2.) The petitioner had sat in the written examination and being successful in the same was called for interview which was to be held on 6.5.1992. It may be observed here that after the submission of the application, the petitioner had joined the Punjab National Bank as a Clerk/Cashier on 18.1.1990. It is alleged by the petitioner that at the time of interview he produced a 'no objection certificate' issued by the Managerof Punjab National Bank, Nehla (Hissar), that the Baik had no objection to the petitioner joining the Haryana Civil Services. Further alegation of the petitioner is that the Commission refused to interview him on the ground that the 'no objection certificate' had not been issued by the appointing authority as required by Clause 5(ii) of the instructions quoted above. This led the petitioner tt file the present writ petition challenging the action of the Commission refusing to nterview the petitioner. The motion bench on 7.5.1992 passed the following order-Notice of motion for 215.1992. Summons Dastinly. Let the petitioner be interviewed provisionally today subject to the decision of this writ petition. The result of his interview by not declared till further orders. A copy of this order attested by Court Secretary of this Court be given to the counsel for the petitioner".

(3.) The Commission has filed reply in response to the notice of motion and the primary stand is that since 'no objection certificate' was not issued by the appointing authority, the petitioner could not be interviewed.