Punjab-Haryana High Court
Naveen Kumar And Another vs State Of Haryana And Others on 27 August, 2012
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Letters Patent Appeal No.1248 of 2012 (O&M)
Date of Decision : August 27, 2012
Naveen Kumar and another .....Appellants
versus
State of Haryana and others .....Respondents
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE R.P.NAGRATH.
Present : Mr.Naresh Kaushik, Advocate, for the appellants.
-.-
1. Whether Reporters of Local papers may be allowed to see the
judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
---
Surya Kant, J. (Oral)
This Letters Patent Appeal is directed against the order dated 27.7.2012 whereby the learned Single Judge has disposed of CWP No.9693 of 2012.
Vide the afore-mentioned order, learned Single Judge accepted the claim of one of the writ-petitioner, namely, Rajbir Singh for deputing him to undergo B-1 promotional test but the claim of present appellants has been turned down on the ground that they obtained 84.75 marks each which are less than the marks obtained by the last selected candidate in General Category. The aforesaid fact is not disputed by learned counsel for the appellants. He, however, submits that one General Category Candidate, namely, Constable Dilbagh Singh whose date of birth is 1.1.1977 was over- age on the cut off date, i.e., 1.1.2012. This plea has been contested by the official respondents in para No.13 of the written statement which says as under:-
"13. That in reply to the contents of this para of the writ petition, it is submitted that for appearing in B-1 test of LPA No.1248 of 2012 (O&M) [2] 2012, the constable under the age of 35 who has completed five years of service on the first day of January of the year in which selection is made, is eligible to appear in B-1 test of that year. Constable Dilbag Singh having the date of birth 01.01.1977 attained the age of 35 on the very cut of date of eligibility to appear in B-1 test. So, Constable Dilbag Singh was eligible to appear in B-1 test for the year 2012. The averments made in the preliminary submission are reiterated...."
In our considered view, the decision treating Dilbagh Singh within the permissible age calls for no interference by us. Another plea of the appellants that Constable Anil Kumar at Sr.No.20 of the merit list, did not qualify the physical test, cannot be accepted for the reason that he has got 85.5 marks in the overall assessment which are more than the appellants. Similarly, the plea that Rajbir Singh (Sr.No.29 in the merit list) obtained 83.75 marks which are less than the marks obtained by the appellants, is de-void of any merit as the said candidate belongs to reserved category of Scheduled Caste.
Faced with this, learned counsel for the appellants submits that some seats are still lying vacant/unutilized against which they can be deputed to undergo B-1 promotional test. If that is so, the appellants may approach the Competent Authority who shall consider the desirability of filling the vacant/unutilized seats strictly in accordance with merit.
The appeals stands disposed of accordingly.
Dasti.
(SURYA KANT)
JUDGE
August 27, 2012 (R.P.NAGRATH)
Mohinder JUDGE