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High Court of Punjab and Haryana · body

2025 DAILYLAW 28264 (PNJ)

AMIT KUMAR v. STATE OF HARYANA AND OTHERS

CWP/6711/2021 · 2025-05-15

Vinod S Bhardwaj

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 223 CWP-6711-2021 (O&M) Date of decision: 15.05.2025 Amit Kumar ...Petitioner VERSUS State of Haryana and others ...Respondents CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Karan Singh, Advocate for the petitioner(s). Mr. Rahul Dev, Addl. AG Haryana. ***** VINOD S. BHARDWAJ, J. (Oral) 1. The instant writ petition has been filed by the petitioner for issuance of directions to the respondents to consider his request for issuance of sports gradation certificate in terms of the policy dated 25.05.2018 and that status quo be maintained regarding his service till the issuance of sports gradation certificate. 2. Learned counsel appearing on behalf of the petitioner contends that pursuant to the Advt. No.4/2018 dated 26.08.2018, the petitioner applied for Class IV post under the Sports Category. The petitioner had attached the gradation certificate as Annexure P-3 issued by the Deputy Director Sports, Department of Sports & Youth Affairs, Haryana in the Cycling. The petitioner was selected as a Class IV employee under the Sports Category and consequent thereto, he joined under the said category. He contends that the Chief Secretary had issued directions on 24.07.2019 and directed to bring Gradation Certificates from the competent authority before 31.08.2019, failing which, the services of the petitioner shall be terminated. The petitioner accordingly submitted his application with the respondent- Department for issuance of the said certificate under the applicable policy, MANGAL SINGH 2025.05.19 10:30 I attest to the accuracy and integrity of this document 2 223 CWP-6711-2021 (O&M) however, as the needful was not being done, the instant writ petition had been filed. 3. Learned State counsel has handed over a photocopy of the sports gradation certificate bearing Sr. No.4977, Certificate No.S/G/D/25/600 dated 24.02.2025 for Grade ‘D’ in the Court today. 4. In view of the above, the present writ petition has been rendered infructuous, so far as the prayer for issuance of direction to the respondents for issuance of sports gradation certificate in terms of the policy dated 25.05.2018 is concerned. 5. An apprehension has been expressed by the learned counsel for the petitioner that the respondent-authorities may or may not accept the above said sports gradation certificate which has been issued on 24.02.2025 since the initial order was that the sports gradation certificate ought to be submitted on or by 31.08.2019. 6. Apparently, the delay in issuance of sports gradation certificate was on the part of the respondent-authorities themselves, hence, the liability for failure to produce the said certificate thus cannot be fastened against the petitioner. The respondents are accordingly directed to consider the aforesaid sports gradation certificate as having been validly submitted and without taking any action merely on the ground that the same has been obtained after the cutoff date as prescribed by the respondent-authorities. 7. The instant writ petition is accordingly disposed of. (VINOD S. BHARDWAJ) 15.05.2025 JUDGE Mangal Singh Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MANGAL SINGH 2025.05.19 10:30 I attest to the accuracy and integrity of this document