Kanwaljit Kaur v. State Of Punjab And Another

CWP-30079-2019 (O&M) 2024:PHHC:024722

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP-30079-2019 (O&M) Date of decision: 22.02.2024 Kanwaljit Kaur ....Petitioner

Versus

State of Punjab and another

...Respondents

CORAM:

HON'BLE MR. JUSTICE AMAN CHAUDHARY ***** Present :

Mr. Sandeep Arora, Advocate for the petitioner. Mr. Manipal Singh Atwal, DAG, Punjab.

***** AMAN CHAUDHARY. J.

1.

The prayer in the present Civil Writ Petition filed under Articles 226/227 of the Constitution of India, is to issue a writ in the nature of mandamus, for directing the respondents to consider the case of the petitioner for the post of Head Teacher (H.T.) in lieu of the advertisement. 2.

Learned counsel would submit that the petitioner, married daughter of an Exserviceman, being under the impression that she could not take benefit of reservation, had applied under the General Category, in response to the advertisement issued in 2019. He refers to the para 3 of the written statement filed by the respondent-State that there were 109 posts for the said category, however, only 23 eligible candidates were selected for these posts and the last candidate for the said category had merit number 108 and has been informed that those who secured merit no. 104 had also been appointed, while the petitioner was placed at 105. He submits that his case be considered in light of the judgment of Rajasthan High Court in Kavita Choudhary vs. Registrar (Examination) and another, decided on 01.11.2017.

HAMANT 2024.02.23 10:41 I attest to the accuracy and authenticity of this order/judgment

CWP-30079-2019 (O&M) 2024:PHHC:024722 3.

Learned State counsel has no objection to the limited prayer made.

4.

In view of the aforesaid and without commenting upon the merits of the case, this petition is hereby disposed of with a direction to respondents to pass a speaking order considering the submission made, within a period of four months.

(AMAN CHAUDHARY) JUDGE 22.02.2024 Hemant Whether speaking/reasoned :

Yes / No Whether reportable :

Yes / No HAMANT 2024.02.23 10:41 I attest to the accuracy and authenticity of this order/judgment