Hartej Singh And ORS. v. U.T. Chandigarh And ANR.

2023:PHHC:142668 CWP-20953-2023 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20953-2023 Date of Decision: 08.11.2023 Hartej Singh and others ....Petitioners

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Union Territory Chandigarh and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Ravinder Singh Dhull, Advocate for the petitioners.

Mr. Sanjiv Ghai, Advocate and Mr. Parminder S. Kaul, Advocate for the respondents.

HARSH BUNGER, J. (Oral) 1.

Prayer in the present petition filed under Articles 226/227 of the Constitution of India is for issuance of writ in the nature of Certiorari seeking quashing of impugned merit list (Annexure P-6) vide which the petitioners have been included in General Category instead of OBC category ignoring their certificates issued by the Government of Rajasthan and for quashing the impugned clarification dated 03.08.2015 (Annexure P-20) vide which the benefit of OBC has been restricted only to candidates whose caste is mentioned in the Central list as well as Union Territory list ignoring the settled position of law.

Further prayer has been made for issuance of writ in the nature of Mandamus, directing the respondent-Corporation to recommend the HIMANI GUPTA 2023.11.09 12:27 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh

2023:PHHC:142668 CWP-20953-2023 -2names of the petitioners in the OBC category as per their merit list and issue appointment letters subsequently in view of their merit. 2.

At the very outset, learned counsel for the petitioner has very fairly submitted that in view of the judgment rendered by the Hon'ble Supreme Court in the case of "Bir Singh Vs. Delhi Jal Board and others, 2018 (4) S.C.T. 284, the petitioner does not have any claim, accordingly he prays that he may be permitted to withdraw the instant writ petition. 3.

In view of the fair stand taken by the petitioner, the present petition is dismissed as withdrawn.

4.

All pending application(s), if any, shall stands closed. 08.11.2023 (HARSH BUNGER) Himani JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No HIMANI GUPTA 2023.11.09 12:27 I attest to the accuracy and authenticity of this document/judgment High Court, Chandigarh