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High Court of Punjab and HaryanaCWP/34088/2024dismissed

Mahesh Kumar v. State Of Haryana And Others

2024-12-17Mr. Justice Namit Kumar2 pages

CWP No.34088 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.34088 of 2024 Date of decision: 17.12.2024 Mahesh Kumar ....Petitioner

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR

Present:

Mr. Vipin Pal Yadav, Advocate for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

NAMIT KUMAR J. (Oral) The petitioner has filed the instant petition, claiming the following reliefs:- Civil Writ Petition under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order of direction in the nature of Certiorari/Mandamus for setting aside the impugned Order dated 19.09.2023 (Annexure P-10) passed by respondent No.3, whereby the legitimate claim of the petitioner for not considering his apprenticeship training certificate as experience certificate has been rejected in a most illegal and arbitrary manner and thereby deprived the petitioner for employment on the post of Carpenter in Public Work Department (B&R) pursuant to the advertisement No.01/2020 for Category No.5 published on 12.02.

2020, in which there is no such condition to the effect that the apprenticeship certificate possessed by the candidate would not be considered; Further for issuance of an appropriate writ, order or direction in the nature of Certiorari/Mandamus for setting aside the impugned Order dated 09.11.2022 (Annexure P3), whereby the roll number of the petitioner has not been published in the Final Result illegally and arbitrarily on MOHD YAKUB 2024.12.

CWP No.34088 of 2024 the ground that the petitioner has not possessed essential experience certificate of 3 years despite the fact that the petitioner was having the experience of Carpenter for more than three years and is fully qualified and eligible for the same; and Further for issuance of an appropriate writ, order or direction in the nature of Mandamus directing the respondent authorities to re-consider the candidature of the petitioner for the post of Carpenter and to revise the Final Result dated 09.11.2022 after incorporating the name of petitioner pursuant to advertisement dated 12.02.2020 (Annexure P-1) being fully eligible, qualified and entitled thereto; and/or Further for issuance of such other appropriate order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and fair play.

It is further prayed that during the pendency of the writ petition, respondents No.2& 3 may kindly be directed to keep remain vacant one post of Carpenter in the interest of justice and fair play.

After arguing the case for some time, learned counsel for the petitioner wishes to withdraw the present petition with liberty to avail other legal remedies, in accordance with law. Dismissed as withdrawn with aforesaid liberty. (NAMIT KUMAR) JUDGE 17.12.2024 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2024.12.17 17:30 I attest to the accuracy and authenticity of this document Punjab & Haryana High Court at Chandigarh