High Court Punjab-Haryana High Court

Anish Sharma vs Union Territory Chandigarh Etc on 29 April, 2009

Punjab-Haryana High Court
Anish Sharma vs Union Territory Chandigarh Etc on 29 April, 2009
                      CWP No.8919-CAT of 2003                          -1-


IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                                CASE NO.: CWP No.8919-CAT of 2003

                                   DATE OF DECISION: April 29, 2009

ANISH SHARMA                                          ...PETITIONER

                                VERSUS

UNION TERRITORY CHANDIGARH ETC.                       ...RESPONDENTS


CORAM: HON'BLE MR. JUSTICE ASHUTOSH MOHUNTA.
       HON'BLE MS. JUSTICE NIRMALJIT KAUR.


PRESENT: MR. I.S. SIDHU, ADVOCATE
         FOR THE PETITIONER.

             MR. GURINDERJIT SINGH, ADVOCATE
             FOR RESPONDENT NO.1 TO 3.

             MR. T.P.S. CHAWLA, ADVOCATE
             FOR RESPONDENT NO.4.


ASHUTOSH MOHUNTA, J.

The challenge in the writ petition is to the order dated

23.5.2003, passed by the Central Administrative Tribunal (for short ‘the

Tribunal’) vide which the Original Application filed by the petitioner was

dismissed.

Briefly the facts of the case are that in pursuance to

advertisement (Annexure A-3), issued by the Director Principal,

Government Medical College & Hospital, Chandigarh the petitioner Anish

Sharma as well as respondent No.4 Mamta Sharma alongwith others applied

for the post of Telephone Operator in the pay scale of Rs.3120-5160/-. The

eligible candidates were interviewed by a Selection Committee and on their

recommendation respondent No.4 Mamta Sharma was appointed as
CWP No.8919-CAT of 2003 -2-

Telephone Operator vide order dated 6.8.2002. She joined her duties

thereafter and has been working since then. The petitioner filed petition

before the Tribunal for quashing the appointment of Mamta Sharma on the

ground that one of the Members of the Selection Committee, namely,

Sh.Arun Sharma, respondent No.3, Incharge Communication, Government

Medical College & Hospital, Chandigarh was the brother-in-law of

respondent No.4 and his presence as a Member of the Selection Committee

at the time of interview shows that there was likelihood of bias. Reliance in

this regard has been placed on the judgement of the Hon’ble Supreme Court

in Ashok Kumar Yadav vs. State of Haryana, AIR 1987 Supreme Court 454.

Separate replies on behalf of respondents No.1 to 3 and

respondent No.4 were filed before the Tribunal. In the reply filed by

Sh.Arun Sharma, respondent No.3, it was averred that although he was one

of the Members of the Selection Committee, but he did not take part in the

interview process at the time when respondent No.4 appeared for interview

and hence the selection process cannot be faulted. It has also been averred

that the selection was absolutely fair and impartial.

Apart from the above, it has also been contended on behalf of

the respondent that the interview was conducted by the Selection Committee

which was chaired by the Director/Principal, Government Medical College

& Hospital, Chandigarh and the Joint Director as well as two senior Doctors

of the same College/Hospital who were part of the Selection Committee. It

is highly unlikely and improbable that respondent No.3 who is merely

Incharge Communication in the Government Medical College & Hospital,,

Sector 32, Chandigarh would have such a huge impact on the selection

process so as to hoodwink or win-over all other four Members who were
CWP No.8919-CAT of 2003 -3-

much superior to him in rank and status. It was further averred that

respondent No.4 has been selected after due consideration of her merit by

the Selection Committee which did not include Sh.Arun Sharma, respondent

No.3.

It was also contended by the counsel for the petitioner that

respondent No.4 did not fulfill the requisite experience of having worked on

at least 20 x 220 lines in a reputed Government organization for one year

and further that the experience certificate issued by M/s Sanchi Security

Private Ltd., respondent No.5 in favour of respondent No.4 is fake.

In reply to this averment it has been averred in the written

statement that experience certificate issued to respondent No.4 and the

petitioner has been issued by the same Company, i.e. respondent No.5

which is an agency through which both the petitioner and the answering

respondent were appointed on contractual basis. It was also submitted that

respondent No.4 is possessing certificate of Telephone Operator-cum-

Receptionist (Vocational Course) issued by the Hindustan Marine

Electronic Institute based in Ludhiana. The certificate is duly recognized by

the State of Punjab for the purpose of appointing persons to the posts of

Telephone Operator etc. It is thus argued that the Tribunal has rightly come

to the conclusion that respondent no.4 possessed the requisite qualification.

We have heard learned counsel for the parties at length. A

perusal of the aforementioned fact shows that although Sh. Arun Sharma,

respondent No.3 was brother-in-law of respondent No.4, but he had excused

himself when respondent No.4 was called for interview. In the present case,

there is no positive averment that respondent No.3 Sh. Arun Sharma had in

any manner espoused the case of respondent No.4 and helped her in getting
CWP No.8919-CAT of 2003 -4-

selected. Although respondent No.3 was one of the Members of the

Selection Committee, but was merely Incharge Communication in the

Government Medical College & Hospital. All the 4 other Members of the

Committee were highly superior in rank and status than respondent No.3.

There is nothing on record to suggest that respondent No.3 had influence on

the senior Members of the Selection Committee to such an extent that he

could have got respondent No.4 selected. Thus, we are of the considered

opinion that respondent No.4 was not appointed to the post of Telephone

Operator because of any favourtism on the part of respondent No.3, but on

her own merit.

Regarding the second point raised by the counsel for the

petitioner that respondent No.4 did not have the requisite experience of

having worked on at least 20 x 200 lines in a reputed firm or in a

Government Organization for one year, we find no merit in the same also.

A perusal of the experience certificate (Annexure A-4) issued in favour of

respondent No.4 shows that Smt. Mamta Sharma has worked as EPABX

Operator (24 x 240 lines) on Model P-30 (BPL) in Sanchi Security Private

Ltd. from 16.12.1999 till the date of certificate, i.e. 8.5.2002 on contractual

basis. The certificate itself makes it clear that respondent No.4 did have the

requisite experience. The capacity of the aforementioned Exchange has

been stated to be 64 x 750 lines and thus, respondent No.4 did have the

experience as mentioned in the advertisement.

Apart from the above, in Madan Lal & Ors. Vs. State of

Jammu & Kashmir, JT 1995(2) SC 291, it has been held that if a candidate

takes a calculated chance and appears in an interview then, only because the

result of the interview is not palatable to him, he cannot turn around and
CWP No.8919-CAT of 2003 -5-

contend that process of interview was unfair or the Selection Committee

was not properly constituted. In the present case, the petitioner having

taken part in the selection process for the post of Telephone Operator and

having failed to make the grade, cannot question the legality of the selection

process which in our considered opinion is just and fair. In view of the

above, we find no merit in the writ petition and the same is dismissed.



                                        (ASHUTOSH MOHUNTA)
                                              JUDGE



April 29, 2009                             (NIRMALJIT KAUR)
Gulati                                         JUDGE