BALVINDER KUMAR Vs. GURU JAMESHWAR UNIVERSITY, HISSAR

JUDGEMENT

(1.) The petitioner applied for the post of Peon under S.C.(B) Category in response to advertisement dated June 22, 2005,(Annexure P-1), (date wrongly mentioned as June 22,2006 in the Annexure), issued by the Guru Jambeshwar University, Hisar (hereinafter referred to as 'the respondent-University) whereby 30 posts of Peons were advertised. According to the petitioner, he appended copies of Matriculation Certificate, Experience Certificate, Caste Certificate and 70 % Handicapped Certificate along with the application form. He was interviewed for the said post on June 23, 2006 and was not selected. It has been alleged by the petitioner that the selection was not fair as the experience certificate dated June 20, 2006 (Annexure P-4) showing that he was working as a Peon in Bhuna Co-operative Sugar Mills Ltd., Bhuna (Hisar), Haryana, (hereinafter referred to as 'the Sugar Mill') since May 14, 1997, was not taken into consideration by the Selection Committee and candidates who were less meritorious than him were selected.

(2.) In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of mandamus directing the respondent-University to appoint the petitioner against the post of Peon.

(3.) In the written statement, the respondent-University has contested the claim of the petitioner. It has been pleaded that the experience certificate (Annexure P-4) issued by the Managing Director of the Sugar Mill depicting that the petitioner was working as a Peon there since May 14, 1997, is dated June 20, 2006, whereas the application for the post of Peon was submitted by the petitioner on July 06, 2005. Obviously, the experience certificate dated June 20, 2006 could not be attached with the application form submitted on July 06, 2005. The petitioner only mentioned about the experience in his application form, but no experience certificate was attached. It has further been pleaded that as per criteria adopted for the recruitment of Peons in the respondent-University, 30 marks were allocated for academic qualifications, 05 marks per completed year subject to a maximum of 20 marks for experience and 50 marks for interview. As experience certificate was not attached with the application form, no marks for experience were granted to the petitioner. He obtained total 45 marks i.e 30 marks for academic qualifications and 15 marks for interview, whereas the last candidate selected under S.C (B) Category obtained 62 marks. It has also been pleaded that once the petitioner faced the interview admitting the criteria, he cannot challenge the same if he was not selected by the Selection Committee.