LPA No.892 of 2009 1 In the High Court of Punjab and Haryana, Chandigarh. LPA No.892 of 2009 and LPA No.893 of 2009 (O&M) Date of Decision: 01.04.2010 1. Satish Kumar ....Appellant. Versus State of Haryana and others ....Respondents. 2. Tej Singh ...Appellant Versus State of Haryana and others ....Respondents. Coram:- Hon'ble Mr. Justice Adarsh Kumar Goel Hon'ble Mr. Justice Alok Singh 1.Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present: Mr. R.N. Lohan, Advocate and Mr. Rajesh Gupta, Advocate for the appellants Mr. Anurag Goyal, Advocate for respondent No.4 Mr. R.S. Sahota, Sr. Advocate with Mr. Ashok Sharma, Advocate for respondent No.7. ... Alok Singh, J. 1. Learned Single Judge has decided two CWP Nos.893 and 9865 LPA No.892 of 2009 2 of 2009 by one and common order and hence, we propose to dispose of both the appeals together. 2. In these two appeals, order impugned is dated 8.7.2009 passed by learned Single Judge, dismissing the writ petitions. 3. Brief facts of the present case are that Chhotu Ram Kissan College, Jind had invited applications for appointment of Lecturer in Physical Education on regular basis vide advertisement dated 10.10.2008. 4. Both the petitioners alongwith other candidates being qualified applied for the said post. Interview was held on 12.1.2009. Both the petitioners were not selected while respondent No.7 was selected. Selection of respondent No.7 was put under challenge in writ petitions. 5. The main grievance of the petitioners is that five marks ought to have been allotted to each of the petitioners for participation in sports for which they have submitted genuine certificates before the authorities. However, marks reserved for the sports category candidates were not awarded to them. Learned Single Judge observed in the impugned order that the certificates submitted by the petitioners were ignored by the Selection Committee because the petitioners did not produce gradation certificates from the Sport Department of Haryana, which was one of the requirements. 6. We have heard learned counsel for the parties and perused the record. 7. Undisputedly, the advertisement does not provide that the candidates shall submit gradation certificate issued by the sports authorities of Haryana. Undisputedly, interview letters issued to the petitioners do not provide that the candidates shall provide gradation certificates duly LPA No.892 of 2009 3 authenticated by the Sports Department, Haryana on the sports certificate of the candidates. Learned counsel for the respondents submitted that the authenticity of the sports certificate of candidates should be verified in advance from the sports authority of the Haryana State after satisfying genuineness of the sports certificate. The petitioners did not submit gradation certificates duly authenticated by the sports authority as required by the government instructions. 8. On being asked as to whether certificates submitted by the petitioners were found to be forged, learned counsel for the respondents submitted that no exercise was undertaken by the Selection Committee on the question of genuineness of the sports certificates submitted by the petitioners. Marks reserved for the sports persons were not granted to the petitioners only on the ground that the gradation certificates were not submitted by them. 9. In view of the above undisputed position that neither advertisement nor interview letters have any provision about the submission of the gradations certificates duly authenticated by the sports authority of Haryana, we find that non-award of sports marks to the petitioners without giving them opportunity to give such further information as might be justifiably required, is an arbitrary and unjustified action. 10. In view of the above, both the appeals are allowed. Respondents are directed to consider the sports certificates submitted by the petitioners and the petitioners shall also submit gradation certificates duly obtained from the sports authorities as now required by the respondents before the Selection Committee within such time as is fixed by the Selection Committee. 11. Both the appeals stand disposed of in the aforesaid terms. LPA No.892 of 2009 4 12. A photocopy of the order be placed on the file of connected case. ( Alok Singh ) Judge ( Adarsh Kumar Goel ) Judge .04.2010 sk.