Himachal Pradesh High Court
Ankush Sharma vs State Of H.P. And Others on 25 March, 2015
Bench: Mansoor Ahmad Mir, Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
LPA No.335 of 2012
Decided on: March 25, 2015.
.
Ankush Sharma ..........Appellant.
versus
State of H.P. and others. ...........Respondents.
___________________________________________________________________
Coram
The Hon'ble Mr.Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr.Justice Tarlok Singh Chauhan, Judge.
For the Appellant:
For the Respondents:
r to
Whether approved for reporting? Yes.
Mr.S.C. Sharma, Advocate.
Mr.Shrawan Dogra, Advocate General,
with M/s Romesh Verma & M.A. Khan,
Addl.A.Gs. and Mr.J.K. Verma, Dy.A.G., for
the respondents.
____________________________________________________________
Mansoor Ahmad Mir, C.J. (Oral)
CMP No.1654 of 2015:
This application has been moved by the appellant for the early hearing of the appeal. The same is allowed and the appeal is taken on Board.
LPA No.335 of 2012:
2. Heard.
3. This appeal is directed against the judgment and order, dated 28th March, 2012, passed by a learned Single Judge of this Court, vide which the writ petition filed by the petitioner (appellant herein) was dismissed.
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4. The writ petitioner, by the medium of the writ petition, .
had sought writ of mandamus commanding the respondents to give him appointment as Constable. It appears that the respondents have given appointments to the candidates, who had participated in the selection process, (subject matter of the writ petition). However, the petitioner has not questioned the selection of any of the selected candidates by arraying them as party respondents, who were interested/necessary parties, which ground has also weighed with the Writ Court while dismissing the writ petition of the petitioner. The impugned order merits to be upheld even on other ground that the Writ Court cannot sit over the opinion of the expert.
5. Having said so, no fault can be found with the findings recorded by the learned Single Judge. Accordingly, the appeal merits to be dismissed and the same is dismissed, alongwith pending CMPs, if any.
(Mansoor Ahmad Mir) Chief Justice.
25th March, 2015. (Tarlok Singh Chauhan) (Tilak) Judge ::: Downloaded on - 15/04/2017 17:52:37 :::HCHP