Usha Rani v. State Of Punjab & ORS

LPA-300-2016 (O&M) 1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA-300-2016 (O&M) Date of Decision: August 01, 2016 Usha Rani .....Appellant

Versus

The State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MR. JUSTICE SUDIP AHLUWALIA

Present:

Mr.C.L.Panwar, Advocate for Mr.S.K.Virk, Advocate for the appellant.

........

SURYA KANT, J.

CM-1705-LPA-2016 Application is allowed. Annexure P-5 is taken on record subject to all just exceptions.

LPA-300-2016 This Letter Patent Appeal assails the order dated 21.09.2015 whereby learned Single Judge has turned down the appellant's claim for appointment to the post of S.S.Mistress on two counts, namely (i) delay and laches and (ii) the lack of eligibility as on the cut-off date. It is admitted by learned counsel for the appellant that cut-off date to apply was 07.05.2011. The candidates were required to have qualified the Teachers' Eligibility Test in which the appellant admittedly Meenu 2016.08.16 11:35 I attest to the accuracy and authenticity of this document chandigarh

LPA-300-2016 (O&M) 2appeared on 03.07.2011, i.e. after the cut-off date. Since she was not in possession of one of the requisite qualifications, her claim was rightly not considered on merits. That apart, the appellant chose to approach this Court by way of a writ petition filed in the month of September 2015, even when the selection pertains to the year 2011. There is, thus, unexplained delay also on her part.

No case to interfere with this case is made out. Dismissed.

CM-635-LPA-2016 Since the main appeal has been decided on merits, no separate order is required to be passed in the application for condonation of delay. ( SURYA KANT ) JUDGE August 01, 2016 ( SUDIP AHLUWALIA ) meenu JUDGE Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No Meenu 2016.08.16 11:35 I attest to the accuracy and authenticity of this document chandigarh