Sunil Kumar v. State Of Haryana And Others

2023:PHHC:142945-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH LPA-1665-2023 (O&M) Date of decision:- 08.11.2023 Sunil Kumar ...Appellant(s)

Versus

State of Haryana and others

...Respondent(s)

CORAM: HON'BLE MS. JUSTICE RITU BAHRI, ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

Mr. Mukesh Kumar Verma, Advocate, for the appellant.

Mr. Deepak Balyan, Additional Advocate General, Haryana. * * * * RITU BAHRI, A.C.J. (ORAL) CM-4223-LPA-2023 For the reasons mentioned therein, the delay of 286 days in refiling the appeal is condoned. The application stands disposed of.

LPA-1665-2023 This appeal is directed against the judgement and order dated 27.09.2022 passed by the learned Single Judge dismissing the writ petition filed by the petitioner (appellant herein) challenging the selection for the post of PGT on the ground that his OMR answer-sheet was smudged. Reference was made to a judgement dated 20.01.2017 passed by a Division Bench of this Court in LPA-92-2017 titled as Anshu and others Vs State of Haryana and others which was even upheld by the Supreme Court in SLP-8430-2017 on 27.03.2017.

Learned State counsel has referred to another judgement dated 10.08.2023 passed by a Division Bench of this Court on the similar issue in LPA-1057-2023 titled as Kavita Rani and others Vs Haryana Staff Selection Commission and others, wherein it was observed that the candidature of a candidate who has smudged/scratched/erased the OMR answer-sheet has to be cancelled. It is stated that even SLP-20786-2023 filed against the judgement dated 10.08.2023 has also been dismissed by the Supreme Court on 22.09.2023. The appeal being devoid of merits is accordingly dismissed. (RITU BAHRI) ACTING CHIEF JUSTICE (AMAN CHAUDHARY) JUDGE 08.11.2023 Amodh Sharma Whether speaking/reasoned Yes/No Whether reportable Yes/No AMODH SHARMA 2023.11.09 14:05 I attest to the accuracy and authenticity of this order/judgement