Employment Cannot Be Denied Merely On Grounds Of Delay In Production Of EBPGC Certificate From The Competent Authority: Punjab & Haryana HC

A division bench of the Punjab and Haryana High Court comprising of Justice M.S. Ramachandra Rao and Justice Sukhvinder Kaur while deciding a Letters Patent Appeal (“LPA”) in the case of Haryana Staff Selection Commission vs Subhash Chand and others has held that employment cannot be denied merely on the ground of delay in production of Economically Backward Person in General Caste (“EBPGC”) Certificate.Background FactsSubhash Chand (“Respondent 1”) had applied for the post of Post Graduate Teacher (Political Science). He applied it in pursuance of an advertisement dated 28.06.2015 issued by Haryana Staff Selection Commission (“Appellant”). Respondent 1 claimed reservation under Special Backward Classes [SBC] category. He also claimed to be eligible under the EBPGC category. The advertisement contained a condition that the EBPGC certificate should have been issued prior to the last date of submission of online application forms i.e., 12.10.2015. However, the EBPGC certificate produced by Respondent 1 was issued on 05.06.2017. Thus, the appointment letter to Respondent 1 was denied by the Appellant.A writ petition was filed by Subhash Chand before the Punjab and Haryana High Court and Single Judge bench to consider him in the category of EBPGC for the post of Post Graduate Teacher (Political Science). The Single Judge directed the Appellant to issue an appointment letter in favour of Respondent 1. The grounds were that firstly he got more marks than the last candidate in the EBPGC category. Secondly, 11 posts were lying vacant in the said category. Thirdly, the certificate dated 05.06.2017 certifies that Respondent 1 belonged to the EBPGC category.Aggrieved by the order, the Haryana Staff Selection Commission filed the writ appeal, called as Letters Patent Appeal to challenge the order of the Single Judge.Findings of the CourtThe Division Bench of the Punjab & Haryana HC held that merely on the ground that there was a delay in production of EPBGC certificate from the competent authority, Respondent 1 cannot be denied employment. Reliance was placed on the Supreme Court judgment of Dolly Chhanda Vs. Chairman, JEE 2005(9)SCC 779 wherein it was held that depending upon the facts of a case, there can be some relaxation in the matter of submission of proof and that every infraction of rules relating to submission of proof need not necessarily result in rejection of candidature.It was further observed that while the candidate must be eligible i.e. educational qualification should be possessed by the cutoff date for the purposes of claiming benefit of reservation, the proof of eligibility need not be submitted by the cutoff date. Even if the proof of eligibility for reservation is produced beyond the cutoff date, the candidate can be considered for grant of benefit of reservation. The Court further relied on the case of Ram Kumar Gijroya Vs. Delhi Subordinate Services Selection Board and another 2016(4) SCC 754 wherein the Supreme Court ruled that candidature of those candidates, who belonged to reserved categories, could not be rejected simply on account of late submission of caste certificate. Reliance was also placed on various other judgments of the Supreme Court including Charles K. Skaria and others Vs. Dr. C. Mathew and others 1980(2) SCC 752, Archana Chouhan Pundhir(Dr.) Vs. State of Madhya Pradesh and others 2011 (11) SCC 486 and Rina and another Vs. Vice Chancellor, Pt. B.D. Sharma University of Health Sciences, Rohtak and others.The court distinguished the facts of the present case from the cases of A.P. Public Service Commission Vs. B. Sarat Chandra (1990) 2 SCC 669 and Mrs. Rekha Chaturvedi Vs. University of Rajasthan 1993 (suppl. 3) SCC 168 on the ground that these cases dealt with possessing a necessary eligibility condition but not with the claim of reservation. Thus, proof of reservation claim can be submitted later.With the aforesaid observations, the Division Bench dismissed the appeal.Case No. LPA-1199-2019Case Name: Staff Selection Commission vs Subhash Chand and othersCitation: 2023 LiveLaw (PH) 60Counsel for Appellant: Addl. A.G. of Haryana Hitesh PanditCounsel for Respondent 1: Adv. Madan PalClick Here To Read/Download Order

Employment Cannot Be Denied Merely On Grounds Of Delay In Production Of EBPGC Certificate From The Competent Authority: Punjab & Haryana HC

Aditi Gupta

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