High Court of Punjab and HaryanaCWP/792/2015dismissed

Jyoti v. State Of Haryana & ORS

2020-02-07Ms. Justice Ritu Bahri2 pages

C.W.P No. 792-2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 792-2015 Date of decision:-07.02.2020 Jyoti .....Petitioner vs.

State of Haryana and ors.

....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. H.S. Saini, Advocate for the petitioner.

Mr. Hitesh Pandit, Addl.A.G. Haryana Mr R.K. Malik, Sr. Advocate with Mr. Sandeep Dhull, Advocate for respondent Nos. 4 to 11, 13 to 19, 21 to 28, 30 to 34, 36 to 40, 43 to 51, 53 to 65, 67, 69 to 76 Mr. Jasbir Mor, Advocate for respondent No. 20 Mr. R.K. Katana, Advocate for respondent No. 29.

RITU BAHRI, J.(Oral) Petitioner is seeking quashing of impugned selection list for the post of Pharmacist dated 16.03.2013 (P-4) to the extent of quashing the selection and appointment of respondent Nos. 4 to 76. It is not in dispute that the final result was declared on 16.03.2013 (P-4) and as per information sought under RTI Act, the petitioner has secured 42.94 marks. The last candidate under General category has secured 50.08 marks.

In the short written statement filed on behalf of respondent Nos. 4 to 11, 13 to 19, 21 to 28, 30 to 34, 36 to 40, 43 to 51, 53 to 65, 67, 69 GAURAV ARORA 2020.02.11 13:51 I attest to the accuracy and integrity of this document Chandigarh to 76, it has been stated that the petitioner has no cause of action to file the

C.W.P No. 792-2015 present writ petition, as this selection has already been challenged by one Meenakshi Sahni by filing CWP No. 9852-2014, which has been dismissed on 21.05.2014 (R-24/1). The criteria adopted by the Commission does not suffer from any infirmity.

Once the petitioner has participated in the selection process, thereafter, he cannot challenge the selection process, in view of judgment of this Court in a case of Varun Vir vs. UHBVNL and others, passed in CWP No. 10141-2008, decided on 04.03.2010.

In view of the above, the present writ petition is dismissed. (RITU BAHRI) 07.02.2020 JUDGE G Arora Whether speaking/reasoned :

Yes Whether reportable :

No GAURAV ARORA 2020.02.11 13:51 I attest to the accuracy and integrity of this document Chandigarh