Jeet Tiwari And ORS v. Union Of India And ANR

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 117 ( 6 Cases) + 121 1.

CWP-17883-2020 (O&M) Date of Decision : 15.11.2023 JEET TIWARI AND OTHERS ......... PETITIONERS V/S UNION OF INDIA AND ANOTHER ......... RESPONDENTS 2.

CWP-273-2021 RAJINDER SINGH AND OTHERS ......... PETITIONERS V/S UNION OF INDIA AND ANOTHER ......... RESPONDENTS 3.

CWP-1053-2021 (O&M) PALWINDER SINGH ......... PETITIONER V/S UNION OF INDIA AND ANOTHER ......... RESPONDENTS 4.

CWP-8361-2021 GURSEWAK SINGH ......... PETITIONER V/S UNION OF INDIA AND ANOTHER ......... RESPONDENTS

-25.

CWP-7208-2021 SUKHWINDER SINGH ......... PETITIONER V/S UNION OF INDIA AND ANOTHER ......... RESPONDENTS 6.

CWP-7082-2021 JAGTAR SINGH ......... PETITIONER V/S UNION OF INDIA AND ANOTHER ......... RESPONDENTS 7.

CWP-9733-2021 KRISHAN SINGH ......... PETITIONER V/S UNION OF INDIAN AND ANOTHER ......... RESPONDENTS CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL Present :

Mr. Amandeep S.Manaise, Advocate for the petitioners in CWP-17883-2020.

Mr. HPS Ishar, Advocate for the petitioner in CWP Nos.8361 & 1053 of 2021. Mr. Suvir Sidhu, Advocate and Mr. Mandeep Singla, Advocate for the petitioner in CWP Nos.273, 7208 & 7082 of 2021 Mr. Munish Puri, Advocate for the petitioner in CWP-9733-2021.

-3Mr. Gaurav Pathak, Sr. Panel Counsel with Mr. Deepak Kakkar, Advocate for the respondents.

Mr. B.S.Kanwar, Sr.Panel Counsel for the respondent-UOI.

**** JAGMOHAN BANSAL , J. (Oral) 1.

By this common order, the abovesaid writ petitions are disposed of as issue involved in all the petitions is common. For the sake of convenience, the facts are borrowed from CWP-17883-2020. 2.

The petitioners through instant petition under Articles 226/227 of Constitution of India are seeking directions to the respondents to consider them for the post of Soldier General Duty. 3.

The petitioners participated in the Recruitment Rally held at Amritsar from 04.10.2018 to 15.10.2018. The respondents have rejected candidature of the petitioners on the ground that there is variation in the documents furnished as proof of date of birth. 4.

As per the respondents, the petitioners on the earlier occasion, participated in the rally with different documents disclosing different date of birth.

5.

The petitioners are disputing the submissions made by respondents with respect to documents submitted as proof of date of birth. 6.

This Court is of the opinion that there is dispute with respect to date of birth. As per petitioners, they have submitted correct proof of date of birth whereas respondents are alleging that the petitioners, on different occasions, have furnished different proofs in support of date of birth. The disputed questions are involved and this Court in exercise of power conferred by Article 226 of the Constitution of India cannot adjudicate

-4disputed question of facts.

7.

Faced with this, learned counsels for the petitioners seek permission to withdraw the present petitions with liberty to avail appropriate remedy as permissible by law.

8.

Dismissed as withdrawn with liberty aforesaid. 9.

Pending applications, if any, shall also stand disposed of. 10.

A photocopy of this order be placed on the files of other connected cases.

( JAGMOHAN BANSAL ) 15.11.2023 JUDGE anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No