Kashish Goel v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of Decision: 06.09.2022 Kashish Goel .......... Petitioner

Versus

State of Punjab and others .......... Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Rupinder S. Khosla, Senior Advocate assisted by Mr. Aman Sharma, Advocate, for the petitioner.

Mr. Athar Ahmed, Deputy Advocate General, Punjab and Mr. Rozer Kumar Aggarwal, Assistant Advocate General, Punjab Mr. Ranjit Singh Kalra, Advocate, for respondent No. 8.

Dr. Anmol Rattan Sidhu, Senior Advocate, assisted by Mr. Ravinder Singh Sampla, Advocate and Ms. Tejaswini, Advocate, for respondent Nos. 11 to 197. **** MAHABIR SINGH SINDHU, J.

1.

Present writ petition has been filed under Article 226 of the Constitution, inter alia, for quashing of the impugned letter dated 13.07.2022 (P-14) and impugned list of candidates (P-15), issued by respondent No. 3 - Punjab Public Service Commission, Patiala (in short "Commission"), whereby the name of petitioner has been left out from joint counselling scheduled from 15.07.2022 to 18.07.2022, despite his name at Sr. No. 707 in the joint counselling list (P-13). 2.

This Court on 21.07.2022 passed the following order:- " This Court while issuing notice of motion on 19.07.2022 passed the following order:- "Notice of motion.

Notice re: interim relief as well.

-2On asking, Mr. Charanpreet Singh, AAG, Punjab, accepts notice on behalf of respondent Nos.1 to 4 and seeks time to have instructions and/or file written response.

Posted on 21.07.2022.

Be shown in the Urgent list."

Learned State Counsel seeks more time to file written response in the matter.

Per contra, learned Senior Counsel opposed the adjournment on the premise that respondents are in extreme hurry to issue the appointment letters on the basis of impugned communication & list dated 13.07.2022 (P-14 & P15), respectively, while ignoring the earlier list of even date (P-13), vide which petitioner was very much called for Counseling for the post of Junior Engineer (Civil). Posted on 22.07.2022.

Till the next date of hearing, further action on the basis of above impugned communication & list (P-14 & P-15), respectively, shall remain stayed. "

3.

Today, learned State Counsel, on instructions from Mr. Manoj Bansal, Superintending Engineer, Water Resources Department, Chandigarh as well as Mr. Anil Kapoor, Superintendent, PPSC, Patiala, has given an assurance that case of petitioner shall be considered as per merit position in the list dated 13.07.2022 (P-13), on or before 16.09.2022. 4.

Above proposal is duly accepted by petitioner as well as private respondents through their respective counsel(s). 5.

In view of the agreed stand taken by both sides, but without going into the merits of controversy, present writ petition is disposed off accordingly.

6.

It is made clear that official respondents shall be bound by their aforesaid stand and in case there is a failure, petitioner would be at liberty to

-3move an application for revival of the present writ petition. 7.

Needless to say that interim stay granted on 21.07.2022 and extended from time to time, comes to an end automatically. 8.

Since the main case has been disposed off, therefore, pending application(s), if any, also disposed off accordingly. September 06, 2022 ( MAHABIR SINGH SINDHU ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No