In the case of Harpreet Kaur vs. State of Haryana & Others (LPA-612-2023), the Punjab & Haryana High Court was approached by Harpreet Kaur, the appellant, challenging the decision of the State authorities who denied her appointment for a Master Cadre (Science) position despite her meritorious performance in the selection process. The denial was based on the late issuance of her Bachelor of Education (B.Ed.) certificate, which was received after the stipulated cut-off date for eligibility.
Harpreet Kaur, a graduate with a B.Sc. and B.Ed. degree, applied for the Master Cadre (Science) position advertised by the State of Punjab on January 8, 2022. Despite securing 98 marks out of 150 in the written examination, surpassing the cut-off of 85 marks, she was not called for document scrutiny. This was due to the delayed issuance of her B.Ed. certificate, which she received on October 10, 2022, well after the extended cut-off date of May 15, 2022.
Legal Issues Involved:
The primary legal issue before the court was whether the date of passing the examination or the date of issuance of the degree certificate should be considered when determining eligibility for recruitment.
The appellant contended that her financial hardships delayed the payment of fees necessary for obtaining her B.Ed. certificate. The certificate was issued long after she had passed the examination in May 2017. The delay in receiving the certificate led to her exclusion from the selection process, despite being otherwise qualified and scoring higher than many other candidates who were considered for the position.
Court’s Decision:
The case was heard by a Division Bench comprising Justice Sureshwar Thakur and Justice Sudepti Sharma. The court ruled in favor of Harpreet Kaur, overturning the earlier judgment of the Single Judge. The court emphasized that procedural delays, such as late issuance of certificates, should not disqualify meritorious candidates from consideration for appointments.
Key Observations of the Court:
1. The court observed, “Recruitment agencies should consider the date of passing the examination rather than the date of issuance of the certificate for the purposes of recruitment.”
2. The court underscored the hardship faced by economically disadvantaged candidates, stating, “Poverty is a hard reality of life, and poor parents often sacrifice their own needs, even cutting back on meals, to provide the best education for their children.”
3. The judgment clarified that recruitment agencies should ignore the date of issuance of the certificate when the date of passing the examination is evident and verifiable.
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4. The court highlighted the importance of meritocracy, saying, “Meritorious candidates like the appellant should not be denied opportunities due to procedural delays or lapses, especially when these delays are beyond their control.”
The appeal was allowed, and the court directed the State to issue an appointment letter to Harpreet Kaur immediately, ensuring that her meritorious performance is rightfully recognized and rewarded.
