Chandigarh High Court Allows Appointment of International Level Shooter in HCS.
Summary- In this post we will discuss about the order of Punjab and Haryana high court in which has directed the Haryana government to issue an appointment letter to an international level shooter who was allegedly denied a post in Haryana civil service (executive branch) after a complaint by a senior IAS officer.
HIGH COURT DISMISSES IAS OFFICER RED FLAG, DIRECTS APPOINTMENT OF SHOOTER IN HCS
Introduction : in this post we will discuss about the order of Punjab and Haryana high court in which has directed the Haryana government to issue an appointment letter to an international level shooter who was allegedly denied a post in Haryana civil service (executive branch) after a complaint by a senior IAS officer.
Facts of the case : the brief facts of the case can be discussed as under:
In August 2018 HPSC had put out an advertisement for vacant post at HCS executive branch out of which two were reserved for sports people. The petitioner Vishwajeet Singh said that he has been shooting since the age of 8 in multiple world championships organised by international sports shooting federation and he was eligible to compete in the category of eligible sports persons. He said he got the gradation certificate from the sports department of Haryana as required under the law for his silver medal in ISSF junior World Cup to apply for the post. Singh said his appointment was then recommended by HPSC. But his name was later missing in the appointment list. it was contended that the senior IAS Haryana officer complaining about the selection saying competition was wrongly restricted to only a few persons all the 2000 have the sports great to make themselves eligible for the said competition. Besides this komica the specific complaint was also raised regarding the petitioner in which it was stated that a grade sports gradation certificate of the petitioner was wrongly issued by his father who was posted as director sports Haryana at the time. The complainant also asserted that the Singh’s father a promoted IAS officer was a member of national rifle association of India. He was alleged to have manipulated the medal in favour of his son and it was really treated that there was public fraud in the matter. The IAS officer who was the initiator of the complainant was however not a party to the matter at the High court.
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Legal issues involved :
- whether the petitioner Vishwajeet Singh is eligible candidate for selection in HPSC from sports category ?
- Whether the certificate of eligibility has been wrongly issued to the petitioner by his father or not?
Decision of Hon’ble Punjab and Haryana high court : Justice Sherawat after hearing the arguments held that there is no fault on the part of petitioner if his father happened to be the director sports on the said date. Otherwise also there was nothing wrong with the posting of the father of the petitioner as director sports because he is an IAS officer and the director sports Haryana is a cadre post meant for IAS cadre. Under his capacity as persona designata the father of petitioner was the duty bound to put his signature on the certificate being issued irrespective of the fact whether the certificate was being issued to his son or anybody else. Hence the a grade certificate of the petitioner cannot be doubted even on this score.
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Commenting on the role of IAS officer justice Sherawat said the court won’t pass an order against him. But he added that the concerted effort to deprive the petitioner of his rightful entitlement rather shows that the petitioner is being victimized on the basis of an ill informed perspective which the complainant a senior IAS officer entertained regarding the sport of shooting the event in question and quad a process of awarding medals in the sport of shooting. Justice Sherawat for the said there is nothing on record suggesting that the IAS officer had any specialised knowledge regarding the international tournament shooting of scoring and it a boarding of medal. Even the questions raised by him in his complaint reflected his at ignorant about this. This gives credence to the argument of the counsel for the petitioner that the complainant has raised all these complaints because of the cadre rivalry between the complainant and the father of petitioner who also happens to be an IAS officer but junior to the complainant.
Conclusion :
Thus the honourable Punjab and Haryana High court has directed the Haryana government to issue an appointment letter to an international level shooter who was allegedly denied a post in the Haryana civil service after a complaint by a senior IAS officer. The bench of justice Rajbir Sherawat directed the state to issue appointment letter to the petitioner as per is married and as per recommendations made by Haryana public service commission.
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This post is written by Karishma Jain.
For case specific advice consults with service Law subject matter expert and gets professional Legal advice from Top High Court Service lawyer in Chandigarh Panchkula Mohali. Kharar Derabassi Zirakpur
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