The Punjab High Court, in Haryana Staff Selection Commission v/s Subhash Chand and others (LPA-1199-2019), on 24th March 2023, held that delay in production of certificate of Economically Backward Person in General Caste (EBPGC) category certificate from competent authority cannot be a ground for denial of employment. The judgement was presided by Honorable Mr. Justice M.S. Ramachandra Rao and Honorable Mrs. Justice Sukhvinder Kaur. The learned counsel for the respondent laid a reference to Ram Kumar Gijoriya v/s Delhi Subordinate Services Selection Board and another.
FACTS OF THE CASE:
The respondent filed an application for a particular post through an advertisement by the Haryana staff selection commission (appellant). 12-10-2015 was the last date for the submission of application. The respondent had claimed reservation under the SEBC category and had also claimed reservation under the EBPGC category. Thereby, the respondent was called for scrutiny of documents. As the last date for submission of application had passed, the respondent was denied the appointment letter. It was further contended that as per the advertisement, the candidate was eligible for submission on or before the closing date of the online application.
JUDGEMENT:
The court held that, appellant had failed to mention in the advertisement that a candidate can apply a for reservation other than the SBC category, if the candidate fell into the bracket. The appellant failed to justify the reason behind the non-disclosure of this fact until the results were announced. Thereby, the court held that the said last date was binding as much on the appellant as the respondent. The Court held a reference to Dolly Chhanda v/s Chairman, JEE, and held that “Merely on the ground that there was a delay in production of EPBGC certificate from the competent authority, in our opinion, respondent cannot be denied employment.”
JUDGEMENT REVIEWED BY ARYA THAKUR.
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