TARUN GOYAL Vs. STATE OF PUNJAB & ORS.

JUDGEMENT

(1.) Through the present petition, petitioner-Tarun Goyal, who had applied for the post of School Librarian under the General Category, has sought quashing of the impugned select list dated 19th of December 2014 (P5) issued by respondent No. 2, whereby his candidature has been rejected on the ground that he possesses the Diploma Certificate from a University situated outside the State of Punjab as the same is not legitimate according to guidelines issued by University Grants Commission, Government of India.

(2.) In the present case, notice of motion was issued on 03.04.2017. Despite notice of motion being issued in April 2017, no reply was filed by the State even on 101.2018. However, the respondent-State was directed to file its written statement finally by today i.e. 14.02018. However, even today no written statement has been filed and thus, this Court has no option but to strike of the defence of the respondent-State.

(3.) It is contention of the learned counsel for the petitioners that his case is squarely covered by the judgment passed by this Court in CWP No. 9398 of 2016 decided on 01.02017 whereby, this Court has directed the State to offer appointment letter to a similarly situated candidate having similar qualifications from same University but was denied appointment. To support his arguments, Ld. Counsel for the petitioner has relied upon merit list Annexure P-3 for the post of School Librarian whereby he has been shown at Sr. No. 12 and it is mentioned therein that there was a requirement of 2 years diploma in library science. The petitioner has been kept out from the list of successful candidates dated 19th of December 2014 (Annexure P5) on account of the fact that the petitioner had diploma from CMJ University, Meghalaya. Reference has been made to the certificate (Annexure P-2) issued by CMJ University, Meghalaya to show that it was by way of a regular course and not by way of a distant education program and therefore, the condition regarding the legitimacy of the diploma from the said university will not be applicable. It was thus submitted that the action on part of respondents No. 2 for keeping out the petitioner from the final selection list on the ground that his candidature has been cancelled because he has obtained academic/profession certificates from the university situated out of the State of Punjab, being illegitimate according to guidelines issued by University Grants Commission, Government of India, illegal, arbitrary and against the principles of natural Justice. Thus, it is prayed that the present petition be allowed.