High Court of Punjab and HaryanaCWP/21192/2018dismissed

Manju Bala v. State Of Haryana And ORS

2019-07-12Mr. Justice Amit Rawal2 pages

YOGESH SHARMA 2019.07.18 09:49 I attest to the accuracy and integrity of this document CWP-21192-2018 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-21192-2018 (O&M) Date of decision : 12.07.2019 Manju Bala ... Petitioner(s)

Versus

State of Haryana and others ... Respondent(s)

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Jagbir Malik, Advocate for the petitioner.

Mr. Harish Nain, AAG, Haryana.

**** AMIT RAWAL, J. (ORAL) The petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent No.3 to correct the category of t he petitioner and consider her candidature under BCA Category instead of ESM (Dependent) BCA Category and to allow her to participate in the selection for the post of PGT Chemistry as BCA candidate. Learned counsel for the petitioner submitted that vide interim order dated 24.08.2018, the petitioner was directed to be interviewed provisionally and her result was ordered to be kept in sealed cover. Learned State counsel has brought to the notice of this Court that in pursuance to the interim order, the petitioner remain absent for the interview. Changing of the category is an act of volte face. I have heard learned counsel for the parties, appraised the paper

YOGESH SHARMA 2019.07.18 09:49 I attest to the accuracy and integrity of this document CWP-21192-2018 (O&M) book and of the view that grievance of the petitioner in the present writ petition cannot be redressed, for, the petitioner is estopped to seek change in the category as it is an act of afterthought. Even otherwise, she did not avail the opportunity of interim order, allowing her to appear in the interview provisionally. Such conduct of the petitioner is not called for judicial intervention under Articles 226/227 of the Constitution of India. No ground is made out for interference.

The writ petition is hereby dismissed.

( AMIT RAWAL ) JUDGE 12.07.2019 Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No