Punjab-Haryana High Court
Vikas Chander Katiyar And Another vs Haryana Staff Selection Commission And ... on 19 February, 2010
Author: Alok Singh
Bench: Adarsh Kumar Goel, Alok Singh
LPA No.1189 of 2009 1
In the High Court of Punjab and Haryana, Chandigarh.
LPA No.1189 of 2009 (O&M)
Date of Decision: 19.02.2010
Vikas Chander Katiyar and another
....Appellants.
Versus
Haryana Staff Selection Commission and others.
....Respondents.
Coram:- Hon'ble Mr. Justice Adarsh Kumar Goel
Hon'ble Mr. Justice Alok Singh
1.Whether reporters of local news papers may be allowed to see
judgement ?
2. To be referred to reporters or not ?
3. Whether the judgement should be reported in the Digest ?
Present: Mr. J.P. Sharma, Advocate
for the appellants.
...
Alok Singh, J.
1. In the present appeal, the petitioners - appellants are assailing the order dated 28.7.2009 passed by learned Single Judge thereby dismissing CWP No.17135 of 2008.
2. Brief facts of the present case are that the petitioners challenged appointment of respondents No.4 and 5 on the ground that respondents No.4 and 5 are not possessing Diploma in Footwear Technology from State Technical Education Board or an equivalent/recognized Institute.
3. Learned Single Judge did not agree with the contention of the petitioners - appellants and has held that in view of the stand taken by LPA No.1189 of 2009 2 respondent No.3 i.e. Director, Industrial Training and Vocational Education, Government Footwear Institute, Rewari, is a government recognized Institute and is under the control of respondent No.3 i.e. Director, Industrial Training and Vocational Education. Hence, respondents No.4 and 5 are possessing Diploma in Footwear Technology from the recognized Institute.
4. We have heard learned counsel for the appellants and perused the record.
5. It is well settled principle of law that jurisdiction under Article 226 of the Constitution of India, ordinarily should not be invoked and exercised where only question of fact is involved. The question as to whether Government Footwear Institute, Rewari, is recognized Institute or not, no fundamental, Constitutional or legal right can be said having been violated. However, we are in full agreement with the view taken by learned Single Judge, in view of the stand taken by the Director, Industrial Training and Vocational Education that Government Footwear Institute, Rewari is a recognized Institute. Hence, respondents No.4 and 5 are having qualification for the post.
6. The appeal is devoid of merit and hence is dismissed.
( Alok Singh ) Judge ( Adarsh Kumar Goel ) Judge 19.02.2010 sk.