Dharmender And Others v. State Of Haryana And Others

CWP No. 1597-2020

IN THE HIGH COURT OF PUNJAB ANDHARYANA AT

CHANDIGARH CWP No. 1597-2020 Date of decision:-21.01.2020 Dharmender and ors.

.....Petitioners vs.

State of Haryana and ors.

....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Mazlish Khan, Advocate for the petitioners.

RITU BAHRI, J.(Oral) Petitioners are seeking issuance of directions to the respondents to call the requisition of withheld post meant for SBC which were notified in Advertisement No. 01/2014 and to add these 642 posts in the Advertisement No. 10/2015, as per letter dated 21.08.2015 (P-6) and fill up these 642 posts from the General Category candidates who participated in the advertisement 10/2015, as per letter dated 05.03.2019 (P-7). Issue notice of motion.

On asking of the Court, Mr. Kiran Pal Singh, AAG, Haryana accepts notice on behalf of the respondent-State. It is not in dispute that the respondents advertised posts of Clerk vide Advertisement No. 01/2014 (P-1) but the same were cancelled vide notification dated 01.05.2015. Thereafter, respondent No. 2 issued fresh Advertisement No. 10/2015 and the petitioners being fully eligible participated in this advertisement under the General category. The final result was declared on 17.07.2018 (P-4).

GAURAV ARORA 2020.01.23 10:11 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 1597-2020 Now the petitioners after participating in the advertisement No. 10/2015 are seeking direction to the respondents that the posts reserved for SBC category in Adverisement No. 1/2014 be published in the Advertisement No. 10/2015.

Learned State counsel has informed that after the result was declared on 17.07.2018, fresh advertisement has been advertised in July, 2019 and the petitioners can participate in the same. It is not the case of the petitioners that they cannot participate in the fresh advertisement due to over age. Further after participating in the selection process, at this stage, no direction can be issued to the respondents that the posts reserved for SBC category in Adverisement No. 1/2014 be published in the Advertisement No. 10/2015.

Thus keeping in view the fact that the respondents have issued fresh advertisement in July, 2019, the petitioners have no cause of action at this stage.

Dismissed.

(RITU BAHRI) 21.01.2020 JUDGE G Arora Whether speaking/reasoned :

Yes Whether reportable :

No GAURAV ARORA 2020.01.23 10:11 I attest to the accuracy and integrity of this document Chandigarh