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High Court of Punjab and HaryanaCWP/10072/2012dismissed

Kuljeet Singh v. State Of Punjab And ORS.

2018-02-14Mr. Justice Jitendra Chauhan2 pages

CWP No.10072 of 2012 203-A IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.10072 of 2012.

Date of Decision: 14.02.2018.

Kuljeet Singh ... Petitioner

Versus

State of Punjab and others ... Respondents CORAM :

Hon'ble Mr. Justice Jitendra Chauhan Present :

Mr. P.K.S. Phoolka, Advocate, for the petitioner.

Ms. Deepali Puri, Addl. AG, Punjab.

JITENDRA CHAUHAN.J.

Challenge in this writ petition is laid to the order dated 12.04.2012 (Annexure P-3) passed by respondent No.3 whereby candidature of the petitioner has been rejected. It has been pleaded in the writ petition that respondent No.2 published the advertisement, Annexure P-1 for filling the backlog posts of Beldar in the handicapped quota. The petitioner being 85% hearing differently-abled person applied for the said post. Thereafter, candidature of the petitioner was rejected on the ground that he did not fulfill the conditions as laid down in the advertisement. It has been contended on behalf of the petitioner that the petitioner being a deaf and mute was unaware of condition No.2 appended in the advertisement.

On the other hand, the stand of the respondents is that as per condition No.2 of the advertisement, the petitioner was required Sanjay 2018.02.20 17:18 I attest to the accuracy and integrity of this document

CWP No.10072 of 2012 to submit certificate regarding disability to be issued by the concerned Civil Surgeon reflecting that the petitioner is fit for the job for which he is applying. In the certificate, Annexure R-1, it has not been mentioned whether the petitioner is fit for the job or not. Heard.

This Court is of the opinion that once it was mandated in the advertisement vide condition No.2 that certification from the doctor was necessary, the petitioner at this stage cannot find fault with the impugned order. All the candidates are from the same category. The petitioner ought to have been vigilant enough to fill-up the application complete in all respects in consonance with the advertisement. If the application was lacking in any respect, the respondents/State was well within its right to reject the candidature of the candidate.

In view of above, the writ petition is dismissed. 14.02.2018.

(JITENDRA CHAUHAN) SN JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Sanjay 2018.02.20 17:18 I attest to the accuracy and integrity of this document