Vikash Punia vs Union Of India And Others

CWP-21858-2022 (O&M) 1 of 14
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
214 CWP-21858-2022 (O&M)
Date of decision: 09.09.2026
Vikash Punia ...Petitioner(s)
Vs.
Union of India and others ...Respondent(s)
CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA
Present:- Mr. Rakesh Dhiman, Advocate
for the petitioner.
Mr. Ashish Rawal, Advocate with
Mr. Jaivir Singh, Advocate
for respondents No.1, 2, 9 and 10.
.
Mr. Aakash Singla, Addl.A.G., Haryana
*
NIDHI GUPTA, J.
Present Civil Writ Petition under Articles 226/227 of the
Constitution of India has been filed by the petitioner for the issuance of an
appropriate writ, order or direction, especially in the nature of Certiorari
quashing the impugned termination letter dated 20.01.2021 (Annexure P-
9) vide which the services of petitioner have been terminated and the
impugned letter dated 09.02.2021 (Annexure P-11) issued by respondent
No. 8 vide which respondent No. 8 has illegally and unlawfully declined to
issue the Gradation Certificate to the petitioner; AND further for the
issuance of the writ in the nature of Mandamus directing the respondent
No. 1, 2 & 9 & 10 (Central Government Agency) or respondent No. 7 & 8
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(State Government Agency) to issue the Gradation Certificate as per the
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CWP-21858-2022 (O&M) 2 of 14
Policy dated 25.05.2018 (Annexure P-6) issued by respondent No.3;
AND/OR further a writ in the nature of mandamus be issued directing the
Respondent No. 5 and 6 to allow to continue the petitioner as Workshop
Attendant (Group D).
2. It is inter alia submitted by learned counsel for the petitioner
that the respondent No.4-Haryana Staff Selection Commission
(hereinafter referred to as ‘Commission’) had issued an Advt.No.4/2018
dated 26.08.2018 (Annexure P-1) seeking applications for appointment to
the post of Group-D employees in various Departments of the
Government of Haryana. Petitioner being eligible, had applied in the
Category of Eligible Sports Person/ESP, as the petitioner is an outstanding
sports person in the game of Cricket and has been awarded Certificate
dated Nil (Annexure P-2) and Certificate dated 14.10.2002 (Annexure P-3)
by the respondent No.9/ Kendriya Vidyalaya Sangathan for representing
his school situated in District Jhajjar, Haryana. Consequentially, petitioner
was issued Appointment Letter dated 06.02.2019 (Annexure P-4) to the
post of Workshop Attendant (Group-D).
3. Learned counsel submits that in compliance of order dated
9.10.2020 passed by a Division Bench of this Court in LPA-1332-2019 titled
as State of Haryana and another vs. Shankar and others , respondents
had issued Instructions dated 10.11.2020 (Annexure P-5); whereby
candidates selected for Group-D post under the ESP Category were given a
period of 15 days from the date of the order i.e. 09.10.2020 for applying
for issuance of Gradation Certificate in terms of the Policy dated
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CWP-21858-2022 (O&M) 3 of 14
25.05.2018 (Annexure P-6). Learned counsel submits that in compliance
thereof, petitioner has submitted an E-mail/Representation dated
23.10.2020 (Annexure P-7) to the respondent No.9 for issuance of
Gradation Certificate. Pursuant thereto, response dated 23.10.2020
(Annexure P-8) was received from respondent No.9 informing that they do
not issue any Gradation Certificate in Regional or National Sports Meet.
Learned counsel submits that however, in the meantime, services of the
petitioner were terminated vide impugned order dated 20.01.2021
(Annexure P-9).
4. The petitioner had immediately made a Representation dated
09.02.2021 (Annexure P-10) to respondent No.8/District Sports and Youth
Affair Officer, Jind to issue Gradation Certificate; and in response to which
reply dated 09.02.2021 itself (Annexure P-11) was received from
respondent No.8 informing that Sports Certificates achieved by the
petitioner are not covered under the Policy dated 25.05.2018 (P-6).
5. Accordingly, petitioner had previously filed CWP-18367-2022
titled as Vikash Punia vs. Union of India and others laying challenge to
the termination order dated 20.01.2021; which was disposed of by this
Court vide order dated 05.09.2022 (Annexure P-14) as being not pressed
with liberty to the petitioner to file afresh. Hence, present Writ Petition
has been filed on 16.09.2022.
6. Learned counsel submits that the eligibility conditions as per
the Policy dated 25.05.2018 (Annexure P-6) are in Clause 3 thereof, which
reads as follows: -
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CWP-21858-2022 (O&M) 4 of 14
“"3. Eligibility:
(i) The sportsperson plays for Haryana State at national level;
or
(ii) The sportsperson is Haryana domicile and does not
represent State/UT other than Haryana at national level."
7. Learned counsel submits that the petitioner is domicile of
Haryana (Resident of District Jind) and has played for his school namely
Kendriya Vidyalaya Situated in District Jhajjar at State Level Meet as well
as for the National Level Meet. Sports Certificates issued to the petitioner
in this regard by the respondent no.9 are on record as Annexure P-2 & P-3.
8. It is contended that therefore, the petitioner is eligible as per
the judgment of this Court and is duly covered under the Policy dated
25.05.2018 (Annexure P-6). Despite this, services of the petitioner have
been terminated vide impugned order dated 20.01.2021 (Annexure P-9)
even without issuance of any Show Cause Notice.
9. Learned counsel further submits that in the impugned order
dated 20.01.2021 (Annexure P-9), ground of termination is mentioned as
dismissal of one CWP-9493-2020 titled as Sumit Kumar vs. State of
Haryana and others (Annexure P-13). It is submitted that petitioner has
nothing to do with the said Writ Petition. Petitioner was not even a party
in the said Writ Petition and the order passed in the said Writ Petition has
no bearing on the present case. It is clarified that in fact, the said Writ
Petition was not even dismissed and rather liberty has been granted to
the petitioner therein.
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CWP-21858-2022 (O&M) 5 of 14
10. It is accordingly prayed that the present Writ Petition be
allowed; and following prayers be accepted: -
“ i) Issuance of an appropriate writ, order or direction,
especially in the nature of Certiorari quashing the impugned
termination letter dated 20.01.2021 (P-9) vide which the
services of petitioner have been terminated and the
impugned letter dated 09.02.2021 (Annexure P-11) issued by
respondent No. 8 vide which respondent No. 8 has illegally
and unlawfully declined to issue the gradation certificate to
the petitioner; AND
ii). Further for the issuance of the writ in the nature of
Mandamus directing the respondent No. 1, 2 & 9 & 10
(Centre Government Agency) or respondent No. 7 & 8 (State
Government Agency) to issue the gradation certificate as per
the policy dated 25.05.2018 (Annexure P-6) issued by
respondent No.3.”
11. Per contra, learned State Counsel has vehemently opposed
submissions advanced on behalf of the petitioner and has pointed out
that till date, petitioner has not submitted a valid Sports Gradation
Certificate to certify that petitioner is eligible under the Category of ESP. It
is pointed out that in fact, application dated 09.02.2021 (Annexure P-10)
made by the petitioner to respondent No.8 for issuance of Gradation
Certificate has been made by the petitioner after termination of his
services vide order dated 20.01.2021 (Annexure P-9). From the above, it is
clear that petitioner has not submitted necessary Sports Gradation
Certificate alongwith his application. Therefore, there is no error in the
termination of the petitioner.
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CWP-21858-2022 (O&M) 6 of 14
12. Ld. State Counsel further submits that the Email/
Representation dated 23.10.2020 (Annexure P-7) submitted by the
petitioner for issuance of Gradation Certificate is made to respondent
No.9/Kendriya Vidyalaya Sangathan, which is not a competent authority
for issuance of valid Sports Gradation Certificate. It is reiterated that
application to the competent authority was made by the petitioner for the
first time only after his termination vide application dated 09.02.2021 (P-
10).
13. Learned State Counsel further points out that Certificates
(Annexure P-2 and Annexure P-3) submitted by the petitioner are not valid
as, as pointed out vide impugned order dated 09.02.2021 (Annexure P-
11), the said Certificates pertain to Regional Sports Meet. It is submitted
that learned counsel for the petitioner is unable to point out anything
either from the Advt.No.4/2018 dated 26.08.2018 (Annexure P-1) or from
the Policy dated 25.05.2018 (Annexure P-6) to demonstrate that Regional
Sports Meet is included therein.
14. It is accordingly prayed that there is no merit in the present
Writ Petition and the same deserves to be dismissed.
15. No other argument has been raised on behalf of learned
counsel for the parties. I have heard learned counsel and perused the case
file in detail. I find no merit in the submissions of the petitioner.
16. Perusal of the Advt.No.4/2018 dated 26.08.2018 (Annexure
P-1) shows that in Clause 9 thereof, it is stipulated as follows: -
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CWP-21858-2022 (O&M) 7 of 14
“9. Likewise, the eligible Sports Person shall be required to
upload the Sports Gradation Certificate as per Government
instructions duly issued by the competent authority.”
Even as per Clause 3.1.2, it is stipulated as follows: -
“3.1 Documents to be uploaded with Application Form
XX XX XX
2. Scanned Copy of Sport Gradation Certificate in case of
eligible Sports Persons, duly issued by the Competent
Authority.”
17. Thus, as per the terms and conditions of the Advertisement,
petitioner was required to submit a copy of the Sports Gradation
Certificate issued by competent authority. It is the case of the petitioner
that petitioner was eligible for appointment under the ESP category on
the basis of the Sports Gradation Certificates (Annexure P-2 and Annexure
P-3) issued by respondent No.9/Kendriya Vidyalaya Sangathan in the year
2002. Accordingly, on the basis of the application made by the petitioner
under the ESP Category, a letter of recommendation dated 21.01.2019
was issued and petitioner was appointed as Workshop Attendant vide
Appointment Letter dated 06.02.2019 (Annexure P-4); however, with a
rider contained in Clause 10 thereof, as follows: -
“10. This offer is further subject to the condition that the
documents pertaining to your academic qualifications, age
and caste/ category etc., and University and socio economic
criteria & experience as claimed by you are yet to be checked
verified from the concerned authorities regarding their
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validity genuineness and equivalence to the prescribed
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CWP-21858-2022 (O&M) 8 of 14
qualification & eligibility and in case during inspection/
verification any adverse facts come to the notice of the
Department, your services will liable to be terminated any
time, without any notice besides taking criminal action
against you, for which you will be wholly responsible. Further
you will have to bring and deposit all original documents
before joining on the post for checking/ verification.”
18. In respect of the above, petitioner has also submitted an
undertaking (at page 40 of the paper-book) to the effect that:
“In reference to appointment letter issued to me vide no.
2574 dated 06.02.2019 for the post of Workshop Attendant. I,
Vikash Punia S/o/D/o/W/o Raghbir Singh, hereby undertake
that I will be wholly responsible for any adverse facts coming
to the notice of authorities during inspection/ verification in
respect of my academic qualification, age and caste/
category etc, University and socio-economic criteria &
experience as claimed by me, I further undertake to abide by
the decision of the Department, as the case may be.”
19. Reading of the above shows that in terms of the conditions of
the Advertisement, petitioner, having applied under the ESP Category, was
required to upload his Sports Gradation Certificate as per Government
Instructions duly issued by the competent authority. During the document
verification carried out in terms of Clause 10 of letter of recommendation
dated 06.02.2019 (Annexure P-4), it was found that petitioner has
submitted his Certificates (Annexures P-2 and P-3) issued by respondent
No.9/Kendriya Vidyalaya Sangathan, which is not a competent authority.
Moreover, said Certificates had been issued under the old policy dated
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CWP-21858-2022 (O&M) 9 of 14
30.11.1993; Whereas Certificates were required to be issued as directed
under the new policy dated 25.5.2018 (Annexure P-6). Further, as noted in
the impugned order dated 09.02.2021 (Annexure P-11), the said
Certificates are not valid as required under the Advertisement dated
26.08.2018 (Annexure P-1) and the Policy dated 25.05.2018 (Annexure P-
6) as the said Certificates pertain to achievements of the petitioner in
‘Regional Sports Meet’. Admittedly, the Regional Sports Meet is not
included either in the Advertisement or in the abovesaid Policy. Clearly,
therefore, petitioner had failed to submit requisite Sports Gradation
Certificates as required under the Advertisement and Policy.
Consequentially, services of the petitioner came to be terminated vide
impugned order dated 20.01.2021 (Annexure P-9). As such, no error can
be found in the impugned order.
20. Furthermore, it is clarified that reference in the impugned
order dated 20.01.2021 (Annexure P-9) is made to CWP-9493-2020 titled
as Sumit Kumar vs. State of Haryana and others, as, at that point of time,
Sports Gradation Certificates were not being issued. Accordingly, the
petitioner therein, namely, Sumit Kumar, had come up before this Court
for issuance of a Writ in the nature of Mandamus seeking direction to the
respondent-authorities to issue Sports Gradation Certificate to him. The
said Writ Petition came to be dismissed as withdrawn by this Court vide
order dated 16.12.2020 (Annexure P-13) in the following terms:
“Learned State counsel, on instructions from the
concerned quarter has apprised the Court that in terms of
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order dated 18.11.2020 of this Court, the case of the
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CWP-21858-2022 (O&M) 10 of 14
petitioner has been considered by respondent No.6 and copy
of decision so taken shall be supplied to him (petitioner)
within one week from today.
In view of the above development, learned counsel for
the petitioner does not press the present petition and wishes
to withdraw the same with liberty to file fresh one with better
particulars; if need be, to No.6. challenge the order now
passed by respondent No.6.”
21. As per the order dated 18.11.2020 referred to in the above
said order dated 16.12.2020, it had been noted that statement had been
made by the learned State Counsel that after the decision dated
09.10.2020 in LPA No.1332 of 2019, petitioner is at liberty to make fresh
application in terms of the policy dated 25.05.2018 and the same shall be
considered expeditiously. It is in pursuance to the above that petitioner
was required to apply for Sports Gradation Certificate under the new
policy dated 25.5.2018 (Annexure P-6). However, petitioner failed to do
so. Consequentially, services of the petitioner were terminated vide
impugned order dated 20.1.2021. It is admitted fact on record that
petitioner has applied for Sports Gradation Certificate to the respondent
No. 8 only after his termination on 20.01.2021, vide his application dated
09.02.2021 (Annexure P-10). In any event, impugned order dated
20.01.2021 (Annexure P-9) cannot be read in isolation and has to be read
alongwith order dated 09.02.2021 (Annexure P-11).
22. Contention of the petitioner that he had applied for issuance
of Sports Gradation Certificate prior to his termination vide application
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CWP-21858-2022 (O&M) 11 of 14
dated 23.10.2020 (Annexure P-7) is without merit. As, application by way
of E-mail dated 23.10.2020 (Annexure P-7) is submitted to respondent
No.9/Kendriya Vidyalaya Sangathan, which is not a competent authority.
As such, Annexure P-7 is not relevant. This has also been clarified by
Kendriya Vidyalaya Sangathan itself vide their reply dated 23.10.2020 (P-
8).
23. Further, as per the Advertisement dated 26.8.2018 (Annexure
P-1), petitioner was required to attach his Sports Gradation Certificate as
per Policy prevalent at that time, which is 25.05.2018 (Annexure P-6). It is
admitted by both the parties that the Policy applicable to the petitioner is
the above said Policy dated 25.05.2018 (Annexure P-6). Subsequently, the
said Policy was modified/amended on 15.11.2018; which came up for
consideration before this Court by way of LPA-1332-2019 titled as State of
Haryana and another vs. Shankar and others; and CWP-23249-2019 titled
as Karam Vir Singh and another vs. Haryana Staff Selection Commission
and others and other connected matters. The relevant observations made
by Hon’ble Division Bench while allowing the LPA-1332-2019 vide order
dated 9.10.2020, are as follows: -
“i. The candidates, who had applied for Group-D posts
under the ESP Category, in pursuance of the
advertisement No. 4/2018 dated 25.5.2018 and have
been selected accordingly, are required to submit the
requisite Sports Gradation Certificates duly issued in
terms of the new policy dated 25.5.2018. However, it is
clarified that the modified Policy, notified on
15.11.2018, shall not be applicable to the cases of such
candidates because of its having been published after
the date of the said advertisement and rather, even
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CWP-21858-2022 (O&M) 12 of 14
after the expiry of the last date for the submission of
the application forms for the said posts.
ii. The certificates issued to or sought to be issued by
the selected candidates under the old instructions
dated 30.11.1993, will not be relevant/valid at all for
ascertaining their eligibility for the Group-D posts
under the ESP Category, as advertised on 25.08.2018.
iii. Letter dated 24.07.2019, i.e. Annexure P8, issued by
the office of the Chief Secretary to Government of
Haryana, requiring the selected candidates, who had
not submitted the requisite Sports Gradation
Certificates, as duly issued under the new Policy due to
lack of awareness does not suffer from any illegality
and rather, it is an attempt on the part of the
respondent-State to safeguard the interest of the
otherwise eligible candidates by granting them
concession to submit the said Certificates at such a
later stage.
iv. Keeping in view the afore-mentioned gesture of the
respondent-State, we are of the view that it will be in
the interest of justice as well as in the fitness of the
things if the candidates, selected for Group-D posts
under the ESP Category, are given a period of 15 days
from the date of this order to apply for the issuance of
the afore-said requisite Gradation Certificate in terms
of the new Policy notified on 25.5.2018 and the
competent authorities shall decide/ascertain their
claim for issuance of the said certificate within a period
of one month thereafter.
v. However, it is also clarified here that in case the
services of any candidate are terminated on account of
his/her being ineligible for the issuance of the Sports
Gradation Certificate in terms of the new policy dated
25.5.2018, such termination will not be construed to be
stigmatic.”
24. As such, it was made clear by the Hon’ble Division Bench of
this Court that the Sports Gradation Certificates obtained by the
candidates under the Old Sports Policy/Instructions dated 30.11.1993 are
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CWP-21858-2022 (O&M) 13 of 14
not valid for ascertaining their eligibility for appointment under Group-D
post under ESP Category; and candidates are required to submit Sports
Gradation Certificates as per the New Policy dated 25.05.2018 (Annexure
P-6) within one month. Consequentially, vide letter dated 10.11.2020
(Annexure P-5), the respondent-State had called upon the selected
candidates to apply for requisite Sports Gradation Certificate within 15
days upto 25.11.2020 and produce the same to their Appointing
Authorities before 31.12.2020. Relevant extract of the order dated
10.11.2020 (P-5) is as follows: -
“4. Accordingly, all the candidates whose appointment
was subject to final outcome of above said LPAs and the
candidates who have not yet been allowed to join due to non-
availability of the Sports Gradation Certificate issued in terms
of the new Policy dated 25.5.2018 may be directed to apply
for the same within 15 days of Issuance of this letter i.e. upto
25.11.2020. The Sports & Youth Affairs Department shall
decide/ascertain the claim of candidates for issuance of the
Sport Gradation Certificate in terms of new Sports policy
dated 25.5.2018 within one month i.e. by 25.12.2020
positively. After getting the Sports Gradation Certificate the
candidates have to produce the same to their Appointing
Authorities before 31.12.2020 otherwise their
appointment/selection may be terminated immediately by
the Appointing Authority under intimation to the Government
and Haryana Staff Selection Commission.”
25. However, as the petitioner failed to submit his Sports
Gradation Certificate within stipulated time, his services came to be
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CWP-21858-2022 (O&M) 14 of 14
terminated with the impugned order dated 20.1.2021 (Annexure P-9). It is
undisputed fact on record that petitioner had applied for issuance of
Sports Gradation Certificate only on 09.02.2021 (Annexure P-10); i.e. after
his termination on 20.01.2021 (Annexure P-9). Moreover, Petitioner has
relied upon Certificates (Annexures P-2 and P-3). However, as noted above
the said Certificates are not valid as required under the Advertisement
dated 26.08.2018 (Annexure P-1) and the Policy dated 25.05.2018
(Annexure P-6) as the said Certificates pertain to Regional Sports Meet
which is not included either in the Advertisement or in the Policy; and
Certificates have not been issued by the competent authority; and have
been issued under the old policy dated 30.11.1993. As such, there is no
error in the order of termination.
26. Learned counsel for the petitioner is unable to controvert or
dispute the above said facts.
27. Keeping in view the above factual and legal position, the
present Writ Petition stands dismissed .
28. Pending application(s) if any also stand(s) disposed of.
09.09.2026 (NIDHI GUPTA)
Divyanshi JUDGE
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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