Poonam And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:17.06.2020 Poonam and others ..............Appellants v.

State of Haryana and others.

..............Respondents Coram:

Hon'ble Mr.Justice Jaswant Singh Hon'ble Mr.Justice Sant Parkash Present:- Mr.Mazlish Khan,Advocate for the applicants/ appellants.

Mr.Aman Bahri, Addl. Advocate General, Haryana for contesting respondent Nos. 1 to 3. Mr.Vijay Pal,Advocate for respondent Nos. 4 and 5/ Universities.

********** Jaswant Singh,J(Oral).

Heard through Video Conferencing.

Appellants filed CWP 5719 of 2017 seeking a writ of mandamus directing the respondents to allow them to participate in the selection process for appointment to the post of Trained Graduate Teachers in English, pursuant to Advertisement No.09/2015 published on 23.7.2016, as per eligibility conditions specified in the clarifications dated 21.9.2016 and 27.9.2016 issued by Director, Secondary Education,Haryana.

The said writ petition was dismissed by learned Single Judge vide order dated 12.12.2017 inter alia on the ground that

petitioners had approached this Court after the conduct of the written examination in February 2016 and declaration of result thereof in the month of September 2016 and as such their claim could not be entertained at that stage.

Aggrieved against the same, instant intra Court appeal under Clause X of the Letters Patent has been filed by five out of six petitioners. Notice of motion was issued and the appeal stood adjourned to 21.7.2020.

Thereafter, vide order dated 10.6.2020 passed by this Court in CM-955-LPA-2020, the date of hearing was preponed and the appeal now stands fixed for today.

By another order of even date passed in CM 956-LPA2020, wherein prayer for withdrawal of the appeal had been made, counsel for the appellant had sought time to file affidavits of all the appellants in terms of prayer made in the said application, as the application was supported only by the affidavit of appellant No.1/Poonam.

Now by way of CM 969-LPA-2020, affidavits of remaining appellants 2 to 5 i.e. Vijay Singh, Vikas, Manju Rani and Sanjay Kumar have been filed. CM is allowed and affidavits are taken on record.

In the affidavits filed alongwith the application seeking withdrawal of the appeal, it is averred that in view of changed circumstances, as the State Government has started proceedings to withdraw the Advertisement, the appellants crave the indulgence of this Court to permit them to withdraw the appeal.

Upon notice of the application, learned counsel for the respondents state that they have no objection if the application is allowed and the appeal is dismissed as withdrawn. In view of the above, CM 956-LPA-2020 is allowed and LPA No.56/2018 is dismissed as withdrawn.

(Jaswant Singh) Judge 17.06.2020.

(Sant Parkash) joshi Judge Whether Speaking/reasoned Yes/No Whether Reportable Yes/No