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High Court of Punjab and HaryanaCWP/18912/2013dismissed

Parwinder Kumar v. State Of Punjab & ORS

2016-08-11Mr. Justice S.P. Bangarh2 pages

Manoj Kumar 2016.08.12 10:21 I attest to the accuracy and integrity of this document CWP No.18912 of 2013 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH CWP No.18912 of 2013 Date of Order: 11.08.2016 Parwinder Kumar ....Petitioner

Versus

State of Punjab and Ors.

....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. R.K. Arya, Advocate for the petitioner.

Mr. Harkesh Manuja, Addl.A.G, Punjab.

JASWANT SINGH, J (ORAL) The petitioner was an aspirant for recruitment against two posts out of total six posts of Service Provided Trainers in Fabrication Sector for the Scheduled Caste (Ex-servicemen) Category in the department of Technical Education and Industrial Training, Punjab (Industrial Training Wing). Since, he was treated ineligible, hence the present writ petition.

Upon notice, a reply by way of affidavit on behalf of official respondents has been filed in Court in which it is submitted that at the time of counseling i.e scrutiny of documents by the Department Selection Committee on 05.8.2013 and 07.8.2013, the petitioner had not produced his Lineal Dependent Certificate in spite of a clear stipulation as per note 10 in the Advertisement dated 08.6.2013 (P.1). It is asserted that the candidates were specifically informed that they would not be given second chance to submit their original papers.

That apart, it is averred that the petitioner is not entitled

CWP No.18912 of 2013 #2# to be considered as dependent of an Ex-serviceman as, concededly, the father of the petitioner was employed with a para military force, namely, Border Security Force, which as per the para 2 (c) (iv) of Punjab Recruitment of Ex-Serviceman Rules, 1982, is not covered under the definition of Ex-serviceman. In the light of the aforesaid factual position, learned counsel could not point out any irregularity or perversity in this regard.

Dismissed.

August 11, 2016 (JASWANT SINGH) manoj JUDGE