SANJIT KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to consider and appoint him on the post of Constable in Commando Wing of Haryana Police against Advertisement No.02/2021 dtd. 9/6/2021 under the category of Dependent of Ex-Serviceman (for short 'DESM') as per certificates dtd. 23/5/2019 and 3/1/2022.

(2.) The petitioner is 10+2 Pass and dependent of Ex-Serviceman. He pursuant to Advertisement No.02/2021 dtd. 9/6/2021 applied for the post of Constable under DESM Category. He was possessing certificate dtd. 23/5/2019 issued by District Sainik Board certifying that he is son of Ex-Serviceman. He qualified Physical Measurement Test and Physical Screening Test. He also qualified Written Examination. His name figured in the result-cum-public notice dtd. 2/12/2021. Scrutiny of documents was held on 9/12/2021. He produced all original documents including Eligibility Certificate dtd. 23/5/2019. At that point of time, he was not having renewed copy of Eligibility Certificate. He received fresh Eligibility Certificate on 3/1/2022. The validity of Eligibility Certificate dtd. 23/5/2019 was one year, however, petitioner applied under DESM Category. He procured latest certificate on 3/1/2022. The final result was declared on 29/12/2021. He filed representation on 30/12/2021 praying inclusion of his name in the select list because he had secured 62 Marks whereas last selected candidate under his category had scored 54 Marks.

(3.) Learned counsel representing the petitioner submits that petitioner was possessing certificate dtd. 23/5/2019 issued by District Sainik Board while filing application form. He inadvertently did not get the said certificate renewed. He qualified all the stages of recruitment process. He appeared for scrutiny of documents. The respondent at the time of scrutiny of documents did not raise objection with respect to validity of Eligibility Certificate produced by him. Had authorities pointed out discrepancy, he would have submitted fresh certificate before the declaration of result, however, respondent simply rejected his claim and declared result. As per his information, there were two candidates who belonged to General Category, however, were offered posts reserved for ESM Category. Those two candidates now have been selected under General Category, thus, two seats are still lying vacant. This Court in CWP No.14505 of 2022 titled as Sumit Vs. State of Haryana and Others while considering identical clause has directed respondent to issue appointment letter to the petitioner therein. In the said case, petitioner was not having Eligibility Certificate at the time of filing application form whereas petitioner herein was having Eligibility Certificate though expired. The respondent revised result vide corrigendum dtd. 24/1/2022, thus, his claim being meritorious candidate could be considered.