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High Court of Punjab and HaryanaCWP/21788/2016disposed of

Kavita v. State Of Punjab And Others

2016-10-20Mr. Justice Inderjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.21788 of 2016 Date of decision: 20.10.2016 Kavita ..Petitioner

Versus

The State of Punjab and others ..Respondents

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

Present:

Mr. Rajesh Gupta, Advocate for the petitioner.

*** Daya Chaudhary, J. (Oral) The grievance of the petitioner in the present writ petition is that she jumped two feet (approximately) over and above (3.25 meter) and also completed 800 meters race and high jump as per norms fixed by the respondents but nothing was conveyed to her. Orally she was told that she had been declared disqualified on the ground that the thumb of the foot of the petitioner touched the starting point, whereas her thumb never touched the starting line. The whole process was videographed and it can be verified from the video footage.

Learned counsel for the petitioner submits that the petitioner would not be allowed to sit in the written examination which is going to be conducted on 06.11.2016. She has also filed appeal on that very day but no action has been taken so far. Learned counsel also submits that the petitioner would be satisfied in case, directions are issued to respondent No.3 to decide the appeal of the petitioner before the date of written Neetu Rani 2016.10.22 11:47 I attest to the accuracy and authenticity of this document Chandigarh

CWP No.21788 of 2016 examination.

In view of the submissions made by learned counsel for the petitioner and without commenting anything on the merits of the case, the present writ petition is disposed of with a direction to respondent No.3 to consider and decide the appeal of the petitioner filed on 09.10.2016 (Annexure P-5) within a period of 10 days from the date of receipt of certified copy of this order. It is also directed that in case, there was videography of the event, the same be considered while deciding the appeal. In case, it is found that the petitioner has not touched the starting line, she be allowed to appear in the written examination. In case, any adverse order is passed, the petitioner is at liberty to avail the appropriate remedy.

Disposed of accordingly.

Copy dasti.

20.10.2016 (DAYA CHAUDHARY) neetu JUDGE √ Whether speaking/reasoned Yes/No √ Whether Reportable Yes/No Neetu Rani 2016.10.22 11:47 I attest to the accuracy and authenticity of this document Chandigarh