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High Court of Punjab and Haryana · body

2025 DAILYLAW 62876 (PNJ)

PARDEEP PRINCE SHARMA v. STATE OF HARYANA AND OTHERS

CWP/15294/2024 · 2025-08-02

Kuldeep Tiwari, To Be Nominated

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

214 IN THE HIGH COURT OF PUNJAB AND HARYANA Pardeep Prince Sharma State of Haryana and CORAM: HON’BLE MR. JUSTICE HON’BLE MR. JUSTICE Present: Mr. Mr. Saurabh Mohunta, Sr. DAG, Haryana. ASHWANI KUMAR 1. Controversy raised in the present writ petition stands answered by the judgment of a Coordinate Bench in CWP 22.05.2025, wherein, the Coordinate Bench held as under: “ in violation of Articles of 14, 15 and 16 of the Constitution of I dia and the same is accordingly declared be quashed and set aside. 37. Since, we have set aside the criteria of adding up to 10 bonus marks on the basis of socio issue following directions: A. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-15294 Date of Decision: Pardeep Prince Sharma Vs. State of Haryana and others HON’BLE MR. JUSTICE ASHWANI KUMAR MISHRA HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Aditya Yadav, Advocate for the petitioner. Mr. Saurabh Mohunta, Sr. DAG, Haryana. *** ASHWANI KUMAR MISHRA, J. (Oral) Controversy raised in the present writ petition stands answered by the judgment of a Coordinate Bench in CWP , wherein, the Coordinate Bench held as under: “36. We, therefore, find that notificatio in violation of Articles of 14, 15 and 16 of the Constitution of I dia and the same is accordingly declared be quashed and set aside. 37. Since, we have set aside the criteria of adding up to 10 bonus marks on the basis of socio-economic criteria and experience, we issue following directions:- A. The State would be required to publish a revised result and on the basis of the revised result, the candidates who are found to be meritorious, would be entitled IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 15294-2024 (O&M) Date of Decision: 02.08.2025 …Petitioner …Respondents ASHWANI KUMAR MISHRA KULDEEP TIWARI Advocate for the petitioner. Mr. Saurabh Mohunta, Sr. DAG, Haryana. Controversy raised in the present writ petition stands answered by the judgment of a Coordinate Bench in CWP-16904-2021, decided on , wherein, the Coordinate Bench held as under:- 36. We, therefore, find that notification dated 11.06.2019 to be in violation of Articles of 14, 15 and 16 of the Constitution of In- dia and the same is accordingly declared ultra vires and liable to 37. Since, we have set aside the criteria of adding up to 10 bonus economic criteria and experience, we The State would be required to publish a revised result and on the basis of the revised result, the candidates who are found to be meritorious, would be entitled to be considered Controversy raised in the present writ petition stands answered 2021, decided on n dated 11.06.2019 to be n- and liable to 37. Since, we have set aside the criteria of adding up to 10 bonus economic criteria and experience, we The State would be required to publish a revised result and on the basis of the revised result, the candidates who are to be considered RAJESH KUMAR 2025.08.04 15:17 I attest the accuracy and authenticity of this order/judgment. CWP-15294-2024 (O&M) [2] for appointment for the concerned posts which were adver- tised in the year 2019. B. Those candidates, who have already been appointed, if they fall in the said merit would continue to perform their duties. C. Those appointees, who are going to be ousted on account of the revised merit list, shall be allowed to continue against future posts and in this regard, the State Govern- ment may conduct an exercise of finding out vacancies for them. If no vacancies are available, they will be allowed to continue on ad hoc basis till vacancies are made available. Their appointments would be treated from the date the va- cancies are so made available and would have no claim on the posts which were advertised vide advertisement in 2019. The power is being exercised to save such appoint- ments as there was no fault of such persons, who have al- ready appointed and have been working for years now. D. The candidates, who are placed in the revised merit, will be treated as senior to those whose appointments have been saved although not falling in the merit. E. The new incumbents, who would be selected on account of the revised merit list, would be entitled to claim their ap- pointments from the date the similarly situated other can- didates were appointed with all consequential benefits of seniority and pay parity. However, their salary would be RAJESH KUMAR 2025.08.04 15:17 I attest the accuracy and authenticity of this order/judgment. CWP-15294-2024 (O&M) [3] fixed notionally from the date others were appointed till the date they join the post. F. The exercise shall be conducted within the period of three months.” 2. In that view of the matter, the present writ petition also stands disposed of in the aforesaid terms. 3. All pending misc. application(s), if any, also stands disposed of. (ASHWANI KUMAR MISHRA) JUDGE (KULDEEP TIWARI) JUDGE 02.08.2025 rajesh 1. Whether speaking/reasoned? : Yes/No 2. Whether reportable? : Yes/No RAJESH KUMAR 2025.08.04 15:17 I attest the accuracy and authenticity of this order/judgment.