Deepak v. Union Of India

CWP-9081-2017 -1HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-9081-2017 Date of Decision: May 01, 2017 Deepak .....Petitioner

Versus

Union of India and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA 1.

To be referred to the Reporters or not?

Yes/No 2.

Whether the judgment should be reported in the Digest? Yes/No.

3.

Whether Reporters of local papers may be allowed to see the judgment? Yes/No .......

Present:

Mr.S.S.Duhan, Advocate for the petitioner.

........

SURYA KANT, J.

The petitioner assails the order dated 17.04.2017 whereby the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal') has dismissed his Original Application in which he claimed eligibility for the post of Constable Driver in Chandigarh Police. [2] The facts are not in dispute. 520 posts of Constables were advertised on 19.11.2015. The essential eligibility condition was that candidates should possess a valid driving licence (Motor Car & Motor Cycle) besides the other qualifications.

[3] The petitioner admittedly did not have a valid driving licence as on the cut-off date. He was only having a Learner's driving licence. The Tribunal has, thus, held that candidature of the petitioner was rightly rejected Meenu 2017.05.10 15:34 I attest to the accuracy and authenticity of this document chandigarh

CWP-9081-2017 -2by the authorities.

[4] We have heard learned counsel for the petitioner at a considerable length.

[5] In the light of the admitted fact that the petitioner did not possess a valid driving licence as on the cut-off date, no fault can be found with the rejection of his candidature. The Learner's driving licence cannot be equated with a valid driving licence. Learner's driving licence is granted on trial basis and it is only when the driving test is held that a candidate may or may not qualify for the grant of licence.

[6] No case to interfere with the order passed by learned Tribunal is made out.

[7] Dismissed.

( SURYA KANT ) JUDGE May 01, 2017 ( SUDIP AHLUWALIA ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No Meenu 2017.05.10 15:34 I attest to the accuracy and authenticity of this document chandigarh