Dismissal of writ petition on account of casual attitude: Punjab High Court.
The Punjab High Court on 13th April, 2023, in Gaurav Sangwan v/s State of Haryana and others (LPA-285-2023 (O&M), held that indulgence of writ cannot be sought on the basis of a casual attitude. The judgement was presided by Honourable Mr, Justice Ravi Shankar Jha and Honourable Mr. Justice Arun Palli.
FACTS OF THE CASE:
The Haryana Staff Selection Commission had invited online applications to carry out selection to 4 posts of Food Production Instructor (Theory) in the Skill Development & Industrial Training Department. the candidate had applied for the same, and successfully cleared the written praise of the examination. Upon this, the documents had to be submitted on the portal for scrutiny from 1st March, 2023 to 10th March, 2023. The Commission also issued 1st April, 2023 as the date for which the candidates who had failed/ missed to apply earlier could submit the required forms. However, the appellant t missed this particular date as well. The appellant approached the Commission later for scrutiny of documents but was denied the same on grounds of missing both the opportunities and there were similar placed candidates like the appellant.
The learned counsel for the appellant contested that the appellant had cleared the written examination but the Commission failed to inform the appellant or give any notice to upload the required documents. It was further contested that another chance must be provided by the Commission for the the selection process.
The Court reiterated the facts and held that the Commission’s announcement of the exams being held was announced on the website. Thereby, the candidate also filled his application form and downloaded his admit card from the said website. Post this, the website mentioned the dates and the other consequent date for uploading the documents. The court held that, “Therefore, it seems incredible that appellant, who responded to the advertisement published on the website of the Commission, submitted his application online and downloaded his admit card from the website online to appear in the written examination, would not follow up the Commission’s website to check his result and/or the notices/instructions issued by the Commission from time to time.”
Referring to section 2.3 (a) of the website, the court contested that, candidates had to regularly visit the website as no separate individual intimation would be sent. The Court held the possibility of two circumstances therein: gross negligence by the candidate, or for reason known to the candidate, he chose not to participate in the selection process. In order for the selection process to be completed in a time bound manner,every stage had certain requirements that had to be fulfilled, and the said details were available on the website. The appeal was dismissed.
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JUDGEMENT REVIEWED BY ARYA THAKUR.