Zakir Husain v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Civil Writ Petition No.22737 of 2016.

Date of Decision: November 04, 2016 Zakir Hussain ......Petitioner versus State of Haryana and another .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.Saurabh Dalal, Advocate, for Mr.Kamal Mor, Advocate, for the petitioner.

-.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J . (Oral) The grievance of the petitioner is against Note-III of Appendix-B of Haryana State Education School Cadre (Group-B), Service Rules, 2012, which defines "consistent good academic record". The petitioner has his own view-point and resultant grievance against the manner in which the aforementioned provision defines as to how the 'consistent good academic record' of a candidate would be assessed. We have heard learned counsel for the petitioner. In our considered view, unless the rule is found to be inconsistent with any Constitutional provision or a Statute or it is against the public policy, it would not be expedient for a Writ Court to interfere with it and assume the role of Rule Making Authority. The amendment, substitution or streamlining of the existing provisions thus is an exercise Mohinder Kumar Kamboj 2016.12.13 12:15 I attest to the accuracy and integrity of this document Chandigarh which essentially falls within the purview of the Rule Making Authority. It

CWP No.22737 of 2016 [2] is not necessary for this Court to express any views on merits, rather it would be appropriate to dispose of this writ petition with a direction to respondent No.1 to entertain this petition as a representation on behalf of the petitioner and consider his grievances in accordance with the law. It shall be appreciated if an appropriate decision is taken within a period of four months from the date of receiving a certified copy of this order. The petitioner shall be required to send a copy of the writ petition alongwith certified copy of this order to respondent No.1. Ordered accordingly.

Dasti.

[SURYA KANT] JUDGE November 04, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Mohinder Kumar Kamboj 2016.12.13 12:15 I attest to the accuracy and integrity of this document Chandigarh