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2026 DAILYLAW 2439 (PNJ)

DR MANOJ KUMAR v. STATE OF HARYANA AND OTHERS

CWP/7984/2026 · 2026-04-20

Tribhuvan Dahiya

body2026

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA 112 DR. MANOJ KUMAR STATE OF HARYANA AND OTHERS CORAM: Present: TRIBHUVAN DAHIYA setting aside the selection list dated 20.02.2026, Annexure P it concerns the post of Senior Resident in the Department of Conservative Dentistry. 2. condition no.7 of the advertisement, only when there is a shortage of Senior Resident/Tutor (Medical/Dental) and eligible candidate is not available, the candidates who have already completed one tenure of three years considered for second tenure. There the Institute, nor were eligible candidates unavailable for selection. Still the fifth respondent IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP- Date of decision: April MANOJ KUMAR Versus STATE OF HARYANA AND OTHERS HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Mr. Sourabh Sheoran, Advocate for the petitioner. Ms. Tanushree Gupta, Senior Deputy Advocate General, Haryana. Mr. Nilesh Bhardwaj, Advocate Ms. Vanshika Daaria, Advocate for respondents no.3 and 4/University TRIBHUVAN DAHIYA, J. (ORAL) The petition has been filed inter alia setting aside the selection list dated 20.02.2026, Annexure P it concerns the post of Senior Resident in the Department of Conservative The contention on behalf of the petitioner is condition no.7 of the advertisement, only when there is a shortage of Senior Resident/Tutor (Medical/Dental) and eligible candidate is not available, the candidates who have already completed one tenure of three years considered for second tenure. There was no shortage of Senior Residents in the Institute, nor were eligible candidates unavailable for selection. Still the fifth respondent was selected who had already completed Senior Residency IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH -7984-2026 Date of decision: April 20, 2026 ...Petitioner ...Respondents TRIBHUVAN DAHIYA Mr. Sourabh Sheoran, Advocate Ms. Tanushree Gupta, Senior Deputy Advocate General, with spondents no.3 and 4/University. inter alia seeking a writ of certiorari setting aside the selection list dated 20.02.2026, Annexure P-5, to the extent it concerns the post of Senior Resident in the Department of Conservative ehalf of the petitioner is that as per condition no.7 of the advertisement, only when there is a shortage of Senior Resident/Tutor (Medical/Dental) and eligible candidate is not available, the candidates who have already completed one tenure of three years can be no shortage of Senior Residents in the Institute, nor were eligible candidates unavailable for selection. Still the already completed Senior Residency ...Petitioner ...Respondents certiorari 5, to the extent it concerns the post of Senior Resident in the Department of Conservative that as per condition no.7 of the advertisement, only when there is a shortage of Senior Resident/Tutor (Medical/Dental) and eligible candidate is not available, the can be no shortage of Senior Residents in the Institute, nor were eligible candidates unavailable for selection. Still the already completed Senior Residency JASPREET KAUR 2026.04.22 10:46 I attest to the accuracy and integrity of this document Chandigarh CWP-7984-2026 -2- from Maulana Azad Institute of Dental Sciences, as apparent from the select list, Annexure P-6. 3. Learned counsel for the University submitted that the petitioner was not even a waitlisted candidate for the post as he secured 67.90 marks against 70.50 of the last waitlisted candidate. Accordingly, he has no chance of selection. He further submitted that on the closing date for submission of application forms pursuant to the advertisement in question, respondent no.5 had only two years and eleven months of experience as Senior Resident in Maulana Azad Institute of Dental Sciences. Accordingly, there is no violation of condition 7 of the advertisement in selecting her for the post. Besides, she applied for the post after getting ‘No Objection Certificate’ (NOC) from the Institute. This has been recorded in the proceedings of the Selection Committee dated 17.02.2026, copies whereof are taken on record along with enclosures as Annexure ‘B’. 4. Learned counsel for the petitioner is unable to dispute the facts aforementioned, which make it apparent that there is no violation of any condition of the advertisement in the selection in question. 5. In view thereof, finding no ground to interfere with the impugned selection list, the petition is dismissed. April 20, 2026 (TRIBHUVAN DAHIYA) Jaspreet Kaur JUDGE  Whether speaking/reasoned : Yes/No Whether reportable : Yes/No JASPREET KAUR 2026.04.22 10:46 I attest to the accuracy and integrity of this document Chandigarh