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High Court of Punjab and HaryanaCWP/19787/2019dismissed

Pavinder Singh v. State Of Haryana And Others

2019-07-22Mr. Justice Amit Rawal2 pages

CWP No.19787 of 2019 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.19787 of 2019 (O&M) Date of Decision.22.07.2019 Pavinder Singh

...Petitioner

Vs State of Haryana and others ..Respondents CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Saurabh Dalal, Advocate for the petitioner.

-.- AMIT RAWAL J. (ORAL) Prayer in writ petition is for quashing of order dated 14.11.2017 (Annexure P-6) whereby petitioner's request for allowing him to undertake training course for being appointed has been rejected for having been at Sr. No.14 in the waiting list dated 31.07.2015.

Facts which emanate from writ petition are that in pursuance to Advertisement No.2/2011 dated 6.12.2011, posts in various departments including category No.1 consisting of 1002 posts of Patwari were sought to be filled. Petitioner having requisite qualification submitted application under General category and cleared written examination and interview. Name of petitioner of petitioner stood at Sr. No.14 in the waiting list. The aforementioned selection was challenged and this Court dismissed the writ petition but LPA was allowed and respondents were directed to decide representation of the petitioner. During all this period, petitioner had been gathering information under RTI and found that two persons namely Dinesh and Munish were issued appointment letters being at PANKAJ KUMAR 2019.07.29 14:25 I attest to the accuracy and integrity of this document

CWP No.19787 of 2019 (O&M) -2Sr. No.12 and 13 in the waiting list before acceptance of resignation of Mahesh Kumar and Naveen, who resigned vide resignation letters dated 7.7.2015 and 30.06.2015 (Annexure P-4). Reasoning in impugned order that no post of General category remained unfilled by offering appointment to 13 candidates from waiting list dated 31.07.2015 is wholly incorrect.

After impugned order dated 14.11.2017 (Annexure P-6), no explanation has come forward in laying challenge to said order after 1 1⁄2 years. Once selection process is over and two persons picked up from waiting list after resignation of selected candidates from original merit list, claim of petitioner at this stage is stale and cannot be entertained. Contentious matter has to be raked up with promptitude and not at convenience and ease of affected candidate like petitioner. The validity of waiting list dated 31.07.2015 is over. As per direction of LPA Bench, representation of petitioner has been decided but no illegality or irregularity has been pointed out during the course of arguments or in the writ petition regarding authenticity of reasoning assigned in the impugned order whereby claim of petitioner has been rejected.

No ground for interference is made out.

Dismissed.

(AMIT RAWAL) JUDGE July 22, 2019 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2019.07.29 14:25 I attest to the accuracy and integrity of this document