NEERAJ & ANOTHER Vs. VICE

JUDGEMENT

(1.) The present judgment shall dispose of CWP-9503 and 20717- 2017, as the challenge is to the action of the official respondents whereby the revised result was issued on 02.05.2017 (Annexure P-5) for the posts of Staff Nurses of the General Category of Outstanding Sports Person (OSP), against which respondents-Pooja and Rina were selected. Resultantly, a writ in the nature of Mandamus is also prayed for, to appoint the petitioners, namely, Neeraj and Mukesh Rani, as per the final result declared on 12.04.2017 (Annexure P-4).

(2.) In CWP-20717-2017, Neeraj's eligibility has been questioned as to whether she had the requisite certificate prior to the cut-off date, by the petitioner-Gayatri, who is at Sr.No.8 in the merit-list and would thus, make the cut, if the 3 candidates are held not liable to be appointed. For brevity, facts have been taken from CWP-9503-2017 titled Neeraj and another v. Vice-Chancellor, Pt.B.D.Sharma University of Health Sciences, Rohtak and others.

(3.) The advertisement No.6/2016 was issued on 30.09.2016 (Annexure P-1) for various posts including the posts of Staff Nurses, by the respondent-University and the last date for applying was 07.11.2016. Vide corrigendum dated 20.11.2016, the cut-off was extended to 30.12.2016 (Annexure R-4). Against the 535 posts of Staff Nurses, 5 were reserved for OSP qua which the dispute pertains to. Written test was held on 12.02.2017, in which the petitioners and the private-respondents were successful vide provisional result dated 30.02.2017 (Annexure P-2). The private-respondents, Rina Rani and Pooja figured at Sr.Nos.2 and 3 of the said result whereas the petitioners, Mukesh Rani and Neeraj figured at Sr.Nos.4 and 8, respectively. Similarly, Gayatri (petitioner in CWP-20717-2017) was at Sr.No.10. The successful candidates were called for verification of documents on 28.03.2017 and the interview was fixed for the next day, i.e. on 29.03.2017, pertaining to the said category. Keeping in view the verification done and the interview, the result was declared, in which the petitioners were at Sr.Nos.4 and 5 against the 5 posts so advertised. Same reads as under: