IN THE HIGH COURT OF PUNJAB AND HARYANA 230 Parveen Kumar and another State of Haryana and others CORAM: Present:- NIDHI GUPTA J. (Oral) Article 226 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing the communication dated 15.10.2024 (Annexure P for appointme from the waiting list has been declined on the ground that the validity of the waiting list had expired, despite the existence of vacant posts and notwithstanding the fact that the delay in filling up the was solely attributable to the respondents, thereby depriving the petitioners of their legitimate right to be considered for appointment in accordance with the Government instructions dated 25.06.2019 (Annexure P CWP-1052-2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1052 of 2025 Date of decision : Parveen Kumar and another Versus Haryana and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Nikhil Lather, Advocate for the petitioners. Ms. Komal Sharma, DAG, Haryana. NIDHI GUPTA J. (Oral) Prayer in the present Civil Writ Petition filed under Article 226 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing the communication dated 15.10.2024 (Annexure P-12), to the extent whereby the claim of the petitioners for appointment to the post of Multipurpose Health Worker (Male) from the waiting list has been declined on the ground that the validity of the waiting list had expired, despite the existence of vacant posts and notwithstanding the fact that the delay in filling up the was solely attributable to the respondents, thereby depriving the petitioners of their legitimate right to be considered for appointment in accordance with the Government instructions dated 25.06.2019 (Annexure P-9) and the settled principles of 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1052 of 2025 (O & M) Date of decision :-21.07.2026 …..Petitioners …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Nikhil Lather, Advocate Ms. Komal Sharma, DAG, Haryana. Civil Writ Petition filed under Article 226 of the Constitution of India is for issuance of a writ in the nature of certiorari for quashing the communication dated 15.10.2024 12), to the extent whereby the claim of the petitioners nt to the post of Multipurpose Health Worker (Male) from the waiting list has been declined on the ground that the validity of the waiting list had expired, despite the existence of vacant posts and notwithstanding the fact that the delay in filling up the vacancies was solely attributable to the respondents, thereby depriving the petitioners of their legitimate right to be considered for appointment in accordance with the Government instructions dated 25.06.2019 9) and the settled principles of law laid down by the VIJAY ASIJA 2026.07.23 19.30 I attest to the accuracy and integrity of this document Hon'ble Supreme Court of India as well as this Court. Further, for issuance of a writ in the nature of mandamus directing the respondents to offer appointment to the petitioners against the available vacant posts of Multipurpose Healt the waiting list, by extending the benefit of the Government instructions dated 25.06.2019 (Annexure P relied upon by the petitioners, with all consequential benefits including continuity of service, notional senio pay and all other service benefits from the date the vacancies became available or from the date the petitioners became entitled to appointment. counsel for the the written statement dated 07.8.2025 filed on behalf of respondents No.1 and 2, the respondents have stated in para 12 as follows : CWP-1052-2025 (O & M) Hon'ble Supreme Court of India as well as this Court. Further, for issuance of a writ in the nature of mandamus directing the respondents to offer appointment to the petitioners against the available vacant posts of Multipurpose Healt the waiting list, by extending the benefit of the Government instructions dated 25.06.2019 (Annexure P relied upon by the petitioners, with all consequential benefits including continuity of service, notional senio pay and all other service benefits from the date the vacancies became available or from the date the petitioners became entitled to appointment. At the very outset, it is very fairly pointed out by learned counsel for the petitioners that no right accrues to the petitioners as in the written statement dated 07.8.2025 filed on behalf of respondents No.1 and 2, the respondents have stated in para 12 as follows : “That it is respectfully submitted that as per the details given herein above, appointment letters to General Category candidates have been issued upto the seniority No. 384 during the extended period of limitation i.e. upto 26.09.2021. Whereas, merit position of the petitioners Sh. Parveen Kumar and Sh. Virender Sing category is at Sr. No. 386 and 392, respectively. Therefore, in terms of merit position of the petitioners, they are not entitled for any appointment due to non availability of any vacant posts during the extended limitation period of the selection/seniority list that was upto 26.09.2021. 2 Hon'ble Supreme Court of India as well as this Court. Further, for issuance of a writ in the nature of mandamus directing the respondents to offer appointment to the petitioners against the available vacant posts of Multipurpose Health Worker (Male) from the waiting list, by extending the benefit of the Government instructions dated 25.06.2019 (Annexure P-9) and the judgments relied upon by the petitioners, with all consequential benefits including continuity of service, notional seniority, notional fixation of pay and all other service benefits from the date the vacancies became available or from the date the petitioners became entitled to At the very outset, it is very fairly pointed out by learned petitioners that no right accrues to the petitioners as in the written statement dated 07.8.2025 filed on behalf of respondents No.1 and 2, the respondents have stated in para 12 as follows :- “That it is respectfully submitted that as per the n herein above, appointment letters to General Category candidates have been issued upto the seniority No. 384 during the extended period of limitation i.e. upto 26.09.2021. Whereas, merit position of the petitioners Sh. Parveen Kumar and Sh. Virender Singh in General category is at Sr. No. 386 and 392, respectively. Therefore, in terms of merit position of the petitioners, they are not entitled for any appointment due to non availability of any vacant posts during the extended limitation period of the ction/seniority list that was upto 26.09.2021. VIJAY ASIJA 2026.07.23 19.30 I attest to the accuracy and integrity of this document merit position of the petitioners is below that of the last sele candidate, no enforceable right survives in their favour for claiming appointment from the waiting list. factual position and submits that, in view thereof, the present writ petition has been rende petitioners and the admitted factual position emerging from the written statement, no ground for interference is made out in exercise of the writ jurisdiction of this Court. of. July 21, 202 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No CWP-1052-2025 (O & M) Hence, the instant writ petition is liable to be dismissed being devoid of merits.” Learned counsel for the petitioners submits that since the merit position of the petitioners is below that of the last sele candidate, no enforceable right survives in their favour for claiming appointment from the waiting list. Learned State counsel does not dispute the aforesaid factual position and submits that, in view thereof, the present writ petition has been rendered infructuous and deserves to be dismissed. Heard. In view of the fair stand taken by learned counsel for the petitioners and the admitted factual position emerging from the written statement, no ground for interference is made out in exercise rit jurisdiction of this Court. Accordingly, the present writ petition is Pending application(s), if any, shall also stand disposed , 2026 Whether speaking/reasoned Yes / No Reportable Yes / No 3 Hence, the instant writ petition is liable to be dismissed being devoid of merits.” Learned counsel for the petitioners submits that since the merit position of the petitioners is below that of the last selected candidate, no enforceable right survives in their favour for claiming Learned State counsel does not dispute the aforesaid factual position and submits that, in view thereof, the present writ red infructuous and deserves to be dismissed. In view of the fair stand taken by learned counsel for the petitioners and the admitted factual position emerging from the written statement, no ground for interference is made out in exercise Accordingly, the present writ petition is dismissed. Pending application(s), if any, shall also stand disposed ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.07.23 19.30 I attest to the accuracy and integrity of this document