High Court of Punjab and HaryanaCWP/27561/2018dismissed

Shyam Sunder & ORS v. State Of Haryana & ORS

2019-02-21Mr. Justice A.B. Chaudhari2 pages

CWP No. 27561-2018

IN THE HIGH COURT OF PUNJAB ANDHARYANA AT

CHANDIGARH CWP No. 27561-2018 Date of decision:-21.02.2019 SHYAM SUNDER AND ORS.

.....Petitioners vs.

STATE OF HARYANA AND ORS.

....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Varun Gupta, Advocate for the petitioners.

RITU BAHRI, J.(Oral) Petitioners have filed the present writ petition against order dated 04.04.2018 and advertisement No. 5/2016 (P-10 and P-11) The respondent-University advertised posts of Peon. Petitioners being fully eligible competed for selection therefor. On scrutiny of documents, the University called the petitioners for interview vide letters dated 21.06.2011 & 29.06.2011 (Annexures P5 & P4 respectively). The petitioners were interviewed on 02.07.2011 & 07.07.2011 by the Board respectively. Thereafter, the petitioners visited the office of the respondent authority many a times to ascertain the status of the selection process. But to no avail. On the information sought by one Ved Parkash Bhardwaj under RTI Act, the Public Information Officer of the University, vide letter dated 28.08.2015 (P-7), conveyed that the selection process was still under way and there was no stipulation or time limit to declare the list of the selected candidates.

The petitioners earlier approached this Court by way of filing CWP No. 223-2018 which was disposed of on 11.01.2018 (P-9) with a Gaurav Arora 2019.05.29 16:16 I attest to the accuracy and integrity of this document Chandigarh direction to the respondents to decide the representation. Thereafter, vide

CWP No. 27561-2018 Annexure P-10 dated 04.04.2018 the claim of the petitioners was rejected as the selection process has not been completed and criteria of selection has been changed. The posts are now to be filled up as per new criteria. Now the respondents have issued fresh advertisement (P-11). This petition at the very outset is liable to be dismissed as the petitioners cannot seek directions from this Court that they have a right of appointment, pursuant to earlier advertisement. Since now the respondents have issued fresh advertisement with new criteria, the petitioners at best can participate in the selection process. The petitioners cannot claim their right to be appointed only on the ground that they were called for interview pursuant to old advertisement, which has now been withdrawn. Dismissed.

(RITU BAHRI) 21.02.2019 JUDGE G Arora Whether speaking/reasoned :

Yes Whether reportable :

No Gaurav Arora 2019.05.29 16:16 I attest to the accuracy and integrity of this document Chandigarh