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High Court of Punjab and HaryanaCWP/3810/2016dismissed

Rupinder Kaur v. State Of Punjab & ORS

2016-02-26Mr. Justice A.B. Chaudhari2 pages

CWP No. 3810 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 3810 of 2016 Date of decision: 26.02.2016 Rupinder Kaur ....Petitioner(s)

Versus

State of Punjab and another

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. H.C. Arora, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) The petitioner challenges the order dated 07.11.2015 (Annexure P-8) whereby, the respondent no. 2 has rejected the case of the petitioner for appointment against the post of Senior Laboratory Attendant. The reasons given in the impugned order are that the process of selection was completed in the year 2011. 183 successful candidates belonging to the general category were recommended by the Departmental Selection Committee and duly appointed and no waiting list was prepared and the selection process was over. Thereafter also, 450 posts of SLAS, which included the unfilled posts of the advertisement with which we are concerned had also become available and had also been filled in the year 2014 by inviting applications from eligible candidates through the Subordinate Services Selection Board.

It is not disputed that the petitioner had applied in pursuance of the advertisement dated 23.09.2009. The sole case of the petitioner is that 450 posts have been advertised, out of which 225 posts were for general SHIVANI GUPTA 2016.02.29 13:54 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 3810 of 2016 category, out of which only 183 posts have been filled and thus, the grouse is that the selection process was incomplete and the petitioner was liable for consideration. The petitioners had thereafter approached this Court only for the first time in the year 2015 by filing CWP No. 11204 of 2015 seeking consideration and the writ petition was disposed of on 16.07.2015 with a direction that the case should be considered and decided. The same has now been done.

The reasons given in the order, as discussed above, are justifiable and the authority has spelt out the chart of sequence of events which has been reproduced above. In a subsequent round of advertisement also, the posts has already been duly filled up and there are no vacancies against which the case of the petitioner can be considered. It is settled principle that the process of selection cannot go on forever and the curtains have to come down. The petitioner is also guilty of gross delay and laches having approached this Court for the first time after five years from the date of completion of process. Accordingly, the present writ petition is dismissed. 26.02.2016 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2016.02.29 13:54 I attest to the accuracy and integrity of this document Chandigarh