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Sachin Vs State of Haryana and another

Case No: CWP No. 12641 of 2012

Date of Decision: Aug. 21, 2012

Hon'ble Judges: Augustine George Masih, J

Bench: Single Bench

Advocate: D.R. Bansal, for the Appellant; Shruti Jain, AAG, Haryana for respondent No. 1 and Mr. H.N. Mehtani, Advocate, for the Respondent

Final Decision: Allowed

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Judgement

Augustine George Masih, J.@mdashThe petitioner has approached this court assailing the communication dated 15.5.2012 (Annexure P2)

addressed to the petitioner, whereby his candidature for the post of Deputy Superintendent of Jails on the ground that B.A. (Law) passed by the

petitioner is not equivalent to the degree of B.A. stands rejected. The petitioner has submitted a representation which was rejected vide order

dated 21.6.2012 (Annexure P5). Counsel for the petitioner contends that the case of the petitioner on all fours is covered by the judgment of this

Court in CWP No. 13110 of 2012-Gaurav Khera vs. Haryana Public Service Commission, wherein similar issue had crept in and the court was

pleased to allow the said writ petition.

2. Counsel for respondent No. 2 however, has stated that the claim of the petitioner has rightly been considered by the Commission and the

application has been rejected. Mr. Mehtani could not distinguish the case of the petitioner from the case in Gaurav Khera (supra)

3. On considering submissions made by counsel for the parties and on going through order passed by this Court in Gaurav Khera''s case (supra), I

am of the considered view that the claim as made by the petitioner is covered on all fours by the said order dated 19.7.2012. Writ Petition is

allowed. Impugned communications dated 15.5.2012 and 21.6.2012 (Annexures P2 and P5) respectively are hereby quashed. Petitioner is

declared eligible for consideration for appointment to the post of Deputy Superintendent of Jails (Male).