Baru Ram v. State Of Haryana And ANR.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Letters Patent Appeal No.1197 of 2016 (O&M) Date of Decision: August 23, 2016 Baru Ram ......Appellant versus State of Haryana and another .....Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT.

HON'BLE MR.JUSTICE SUDIP AHLUWALIA.

*** Present: Mr.U.K.Agnihotri, Advocate, for the appellant. -.-

1. Whether Reporters of Local papers may be allowed to see the judgment?

2. To be referred to the Reporters or not?

3. Whether the judgment should be reported in the Digest? --- Surya Kant, J .

The appellant's writ petition challenging selection to the post of Lecturer-in-Hindi (School Cadre) has been dismissed by learned Single Judge vide order dated 11.02.2016, giving rise to this intra-court appeal. The appellant applied for the subject post in response to Advertisement No.3 dated 16.06.2009. He was considered alongwith other candidates but finally he could not make it to the merit list. The aggrieved appellant challenged the result without impleading the selected candidates. It appears that selection of Lecturers in other subjects was also challenged. Learned Single Judge thus took up all the cases together and vide a common judgment dated 18.01.2016, the writ petitions have been dismissed. The appellant's writ petition stands dismissed following the common judgment. The solitary contention raised in this appeal is that as per the selection criteria {Clause (b)}, there are 05 marks for Co-curricular

LPA No.1197 of 2016 (O&M) [2] Activities/Sports/Distinction. Under that head, the appellant has been awarded only 03 marks for NCC 'C' certificate and 02 marks which were admissible for NCC 'B' certificate also, have not been awarded. We, however, do not find any merit in the contention. We say so for the reason that without NCC 'B' certificate, the appellant could not be awarded NCC 'C' certificate. Once he has got higher marks (03) for NCC 'C' certificate, he cannot claim separate marks for NCC 'B' certificate as well. No other ground has been urged.

For the reasons afore-stated, we do not find any ground to interfere with the order passed by learned Single Judge. Dismissed.

[SURYA KANT] JUDGE August 23, 2016 [SUDIP AHLUWALIA] mohinder JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No

LPA No.1197 of 2016 (O&M) [3] CM No.2485 of 2016 in LPA No.1197 of 2016 - - - Baru Ram versus State of Haryana and another ---- Present :

Mr.U.K.Agnihotri, Advocate, for the applicant-appellant.

* * * For the reasons mentioned in the application, the same is allowed subject to all just exceptions and 29 days' delay in filing the appeal is condoned.

CM stands disposed of.

(SURYA KANT) JUDGE August 23, 2016 (SUDIP AHLUWALIA) mohinder JUDGE