ANJU BALA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The Haryana Staff Selection Commission, Panchkula advertised 63 posts of Family Welfare Extension Educator vide advertisement dated 22nd July, 2007. The essential qualification for the post was Graduate with two years experience relating to Community Education in Health and Family Welfare and knowledge of Hindi/Sanskrit upto Matric standard. The closing date for receipt of applications was 21st August, 2007. Out of the 63 vacant posts advertised, 7 were earmarked for eligible candidates in the reserved category of Backward Class-A (BCA). The petitioner applied in the category of BCA. Interviews were held on 5th December, 2007. The result was declared on 10th April, 2008. The petitioner's name figured at Sr. No.1 in the waiting list. It is not disputed that one candidate from this category did not accept the offer and did not join the post and therefore, the post remained vacant. The petitioner staked her claim being at Sr. No.1 in the Waiting List.

(2.) Meanwhile, some non-selected candidates filed CWP No.10221 of 2008 in this court alleging that experience certificates attached by the selected candidates are bogus. As a result of this, the experience certificate of the selected candidates including the petitioner was got verified. In her application, the petitioner had relied on her experience certificate issued by a hospital, namely, Kharab Hospital, 52 Scheme No.6, Near Bus Stand, Gohana Road, Jind, Haryana (Annex. P-2). It was certified by the Hospital that experience of the petitioner related to Community Education in Health and Family Welfare Programme in Kharab Hospital certifying that the petitioner worked w.e.f. 18.2002 to 25.5.2007 and her work was very satisfactory. She received her monthly salary of Rs. 1200/-. This experience certificate (Annex. P-2) was part of the verification exercise. The Enquiry Officer i.e. the District Family Welfare Officer, Jind prepared a report (Annex. P-4) after visiting the Kharab Hospital and the report was submitted before the Civil Surgeon, Jind vide Annex. P-4. The operative part of the report of the District Family Welfare Officer, Jind submitted to the Civil Surgeon, Jind dated 17th June, 2008 (Annex. P-4) is reproduced as under:-

(3.) However, the signatures on the certificate were not denied nor was it denied by the doctor that the petitioner had worked in their hospital. The petitioner asserts that if the record of the relevant period was not produced, as reported, the petitioner should not be made to suffer for that reason. But she was not offered appointment from the waiting list.