Monika vs. The State Of Haryana

COURT NO.4 ITEM NO.40

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).3263/2023

(Arising out of impugned final judgment and order dated 12-01-2023 in LPA No.1928/2019 passed by the High Court of Punjab & Haryana at Chandigarh)

TARSEM SHARMA & ORS.

THE STATE OF HARYANA & ORS.

VERSUS

IA No. 5109/2024 - CLARIFICATION/DIRECTION IA No. 28169/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 64081/2023 - INTERVENTION APPLICATION IA No. 5667/2024 - INTERVENTION/IMPLEADMENT IA No. 216547/2023 - INTERVENTION/IMPLEADMENT IA No. 94713/2023 - INTERVENTION/IMPLEADMENT IA No. 66474/2023 - INTERVENTION/IMPLEADMENT IA No. 178968/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 43057/2023 - VACATING STAY) WTTH <u>Diary No(s). 9800/2023 (IV-B)</u> (FOR CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS ON IA 88131/2023 FOR PERMISSION TO FILE PETITION (SLP/TP/WP/..) ON IA 88134/2023 FOR CLARIFICATION/DIRECTION ON IA 231025/2023 IA No. 231025/2023 - CLARIFICATION/DIRECTION IA No. 88131/2023 - CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS IA No. 88134/2023 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) SLP(C) No. 9450/2023 (IV-B) (FOR PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES ON IA 86549/2023 IA No. 86549/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Diary No(s). 20053/2023 (IV-B) (IA FOR PERMISSION TO FILE PETITION (SLP/TP/WP/..) ON IA 111544/2023 FOR CONDONATION OF DELAY IN FILING ON IA 111545/2023 FOR DELETING THE NAME OF PETITIONER/RESPONDENT ON IA 111547/2023 Signa Meters No. 111545/2023 - CONDONATION OF DELAY IN FILING DOING NO. 111547/2023 - DELETING THE NAME OF PETITIONER/RESPONDENT T1068TS No. 111544/2023 - PERMISSION TO FILE PETITION (SLP/TP/WP/..)) SLP(C) No. 19303/2023 (IV-B) (IA No.163473/2023-CONDONATION $\mathsf{OF}$ DELAY $TN$ FILING and $TA$ No.163477/2023-ADDITION/DELETION/MODIFICATION PARTIES $\quad\text{and}\quad$ $TA$

No.163475/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT

SECTION IV-B

Petitioner(s) Respondent $(s)$ and IA No.163470/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..)) Date : 12-02-2024 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Mr. Paramjit Singh Patwalia, Sr. Adv. Mr. Gauravjit Singh Patwalia, Adv. Mr. Amit Verma, AOR Ms. Swati Sood, Adv. Dr. Nirmal Chopra, AOR Mr. V.K. Yadav, Adv. Mr. B. K. Pal, AOR Mr. Pardeep Gupta, Adv. Mr. Parinav Gupta, Adv. Mrs. Mansi Gupta, Adv. Mr. Rakshit Rathi, Adv. Mrs. Shashi Verma, Adv. Dr. Mrs. Vipin Gupta, AOR For Respondent(s) Mr. Lokesh Sinhal, Sr. A.A.G. Dr. Monika Gusain, AOR Mr. Narender Hooda, Sr.Adv. Mr. Jasbir Singh Malik, Adv. Ms. Chandni Sharma, Adv. Mr. Varun Punia, AOR Mr. V. Elanchezhiyan, AOR Mr. Shalender Mohan, Adv. Mr. Manoj Makkar, Adv. Mr. Shafik Ahmed, Adv. Mr. Danish Saifi, Adv. Ms. Anju, Adv. Mr. Rakesh Karela, Adv. Mr. Hemant Kumar, Adv. Mr. Padhmanabha Raja K.R., Adv. Mr. Jasbir Singh Malik, Adv. Ms. Chandni Sharma, Adv. Mr. Varun Punia, AOR Mr. Jitesh Malik, Adv. Mr. Abhaya Nath Das, Adv. Mr. B C Bhatt, Adv. Mr. S S Bandyopadhyay, Adv. Mr. Satish Kumar, AOR

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UPON hearing the counsel the Court made the following O R D E R

1. We have heard learned Senior Counsel appearing on behalf of the petitioners, as well as learned Senior Additional Advocate General/learned Senior Counsel appearing on behalf of the official and private respondents.

2. At the outset, it is clarified that the state authorities were obligated to read and comply with all the orders passed by this Court from time to time in conjunction and then only make the provisional appointments.

3. Consequently, only 523 candidates from the Selection List, approved by the Division Bench of the High Court vide the impugned judgment dated 12.01.2023, could be offered appointment. Beyond 523 candidates, no appointment could be made out of that Selection List in purported compliance of the directions issued by this Court.

4. The remaining 77 posts were/are required to be offered to the candidates possessing qualification of Shiksha Shastri/Acharya or any other qualification recognised by the competent authority.

5. Let such available vacancies be accordingly offered to the candidates possessing qualification of Shiksha Shastri/Acharya or any other qualification recognised by the competent authority, strictly as per the order of preference given in para 4 of our order dated 15.12.2023.

6. Let a compliance affidavit along with a list of the 77 fresh appointees be placed on record. In case any candidate from amongst 523 candidates, who have been offered appointment, does not join on or before 15.03.2024, such unfilled post shall be kept vacant till further orders.

7. List on 22.03.2024.

(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH)

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