- (1.) By this judgment two aforesaid writ petitions which have been filed on similar facts and wherein common grounds have been raised, are being disposed of. The respondents vide an advertisement dated 18 th March, 2011, which was published on 19 th March, 2011 in various newspapers, published 1000 posts of Assistant Lineman in Uttar Haryana Bijli Vitran Nigam, including various other posts. Thereafter, a corrigendum dated 6 th April 2011 which was published in various newspapers on 7 th April, 2011, was issued notifying that the age of the candidates should be between 18 to 35 years instead of 18 to 40 years, as advertised earlier. Respondent No.3 further issued a corrigendum dated 1 st July, 2011, according to which the posts of Assistant Lineman were enhanced from 1000 to 4131.
(2.) It may also be noticed at this stage that the petitioners allegedly being fully eligible applied for selection to the post of Assistant Lineman under the Category of ESM being dependent on their fathers, who were discharged from Indian Army. According to the petitioners, while submitting their applications, they have attached all the relevant documents establishing that they were dependents of Ex-Servicemen. It is the case of the petitioners that they have produced on record the discharge book of their father from the Indian Army in support of their claim. It is the further case of the petitioners that after considering the documents attached with the applications, the petitioners were found to be eligible and were called for interview. However, respondent No.2 declined to interview the petitioners on the ground that the eligibility certificates of being dependents of Ex-Servicemen (General Category) was not attached with the applications and the same was produced at the time of interview which had been issued after the last date of submission of applications. According to the petitioners, such an objection is highly technical and the petitioners cannot be denied their right of consideration on the basis of such frivolous objections, as admittedly, the required certificates were produced before the Interview Committee and the factum of the petitioners being dependents of Ex-Servicemen cannot be disputed and therefore, the action of the respondents denying them the right of consideration, is illegal and is liable to be set aside. A further prayer has been made that the respondents be directed to consider the petitioners for the post of Assistant Lineman.
(3.) A short reply has been filed on behalf of respondent No.1. The relevant para of the reply filed in CWP No.12442 of 2012 reads thus: "That in the present writ petition the petitioner has prayed before the Hon'ble High Court for quashing the action of the Respondent whereby the petitioner has not been interviewed for the post of Asstt. Lineman, Power Department, Haryana against Advt. No.1/2011, Cat.No.1 on the ground that the Eligibility Certificate has been issued after the last date of the submission of the application and was not attached with the application form. The petitioner has further prayed for directing the Respondents to consider him eligible for the post of Asstt. Lineman under Dependent of Ex-Serviceman (DESM) category. In this connection the attention of the Hon'ble High Court is invited to Note (i) to (iii) of the Advertisement (Annexure P-1, Page 30) which are reproduced below:- Note:- i) The benefit of reservation will be given only to those SC/BC/PHC and ESM and outstanding sportsperson candidates who are domicile of Haryana State. The SC/BC/PHC candidates are required to submit SC/BC/PHC Certificate duly issued by the competent authority at the time of interview. Likewise the Outstanding Sports Person shall be required to attach the sport gradation certificate with the application form as per Government instructions duly issued by the competent authority. DESM shall be required to attach the fresh Eligibility Certificate duly issued by the respective Zila Sainik Board with the application form. (ii) Qualification will be determined with regard to the last date fixed for receipt of applications. (iii) Candidates applying for a post must ensure that they fulfill all the eligibility conditions on the last date of application. If on verification at any time before or after the written examination or interview or appointment, it is found that they do not fulfill any of the eligibility condition or it is found that the information furnished is false or incorrect their candidature will be cancelled. As per aforesaid conditions of the advertisement, the petitioner while applying for the post of ALM was required to attach the Eligibility certificate to be issued by the concerned Zila Sainik Board with the application form to claim the reservation under DESM category. Further, the eligibility is also required to be determined on the last date of the submission of the application form i.e. 7.4.2011. 2. That the petitioner did not attach the Eligibility Certificate with the application form and merely attached the certificate showing his relation with his father which is not admissible as per condition of the advertisement wherein it has specifically made clear that mere dependent certificate will not be entertained. The Eligibility certificate dated 2.5.2012 (Annexure P-3) which the petitioner has now procured and attached with the present writ petition is of after the cut off date (7.4.2011) which is not admissible as per condition of advertisement. Therefore, as per conditions of the advertisement the petitioner has rightly been considered ineligible for interview under DESM category for the post of ALM. Hence, no valid cause of action subsists to the petitioner." ;