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Kunal Sharma vs Union Of India &N; Anr on 13 March, 2015

            C.W.P          No. 8958 of 2014 (O&M)                                        ::1::

            IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH



                                                         C.W.P    No. 8958 of 2014 (O&M)
                                                         Date of decision : March 13, 2015


            Kunal Sharma,
                                                                 ...... Petitioner

                                    v.
            Union of India and others,
                                                                 ...... Respondents

                                                   ***
            CORAM :             HON'BLE MR. JUSTICE AJAY TEWARI

                                                   ***
            Present :           Mr. P.K Dwivedi, Advocate
                                for the petitioner.

                                Mr. BS Kanwar, Advocate
                                for the respondents.

                                           ***
            1. Whether Reporters of Local Newspapers 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 ?
                                           ***

            Ajay Tewari, J (Oral)

This application is allowed and the reply is taken on record. CWP No.8958 of 2014 By this writ petition, the petitioner has challenged the appointments of Sweepers. The sole ground taken is that while the petitioner was 16th in the preliminary written test, he was not selected while a person who was at 32 in the said written test was selected and no explanation has been given as to what was the basis for the grant of marks in the interview.

2015.03.17 09:44 I attest to the accuracy and authenticity of this document High Court Chandigarh

C.W.P No. 8958 of 2014 (O&M) ::2::

In my considered opinion, there are certain categories of posts viz Chowkidars, Sweepers, Cooks etc, in which it may not be possible to give job only on the basis of written test as is being claimed by counsel for the petitioner and for whom even no objective criteria can be laid down as to what kind of questions can be put in the interview. Unless there is an allegation of malafide, this Court cannot put itself in the place of the interviewing committee to decide who would be a better sweeper or a cook or a chowkidar. Consequently, no relief can be granted to the petitioner and this writ petition is dismissed.

                                                              ( AJAY TEWARI )
            March 13, 2015                                         JUDGE
            `kk'




KISHAN KUMAR
2015.03.17 09:44
I attest to the accuracy and
authenticity of this document
High Court Chandigarh