Punjab-Haryana High Court
Hanumant Singh And Others vs State Of Haryana And Others on 12 September, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
C.W.P.No.18028 of 2010
Date of Decision:- 12.09.2012
Hanumant Singh and others ....Petitioner(s)
vs.
State of Haryana and others ....Respondent(s)
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CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
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Present:- Mr.Sunil Kumar Bhardwaj, Advocate,
for the petitioners.
Mr.Harish Rathee, Sr.D.A.G., Haryana.
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AUGUSTINE GEORGE MASIH, J. (Oral)
Petitioners have approached this Court seeking promotion to the post of Divisional Head Draftsmen and thereafter the Circle Head Draftsmen from the post of Assistant Draftsmen claiming relaxation in the academic qualifications as has been granted to one Sh.O.P.Malhotra.
Respondents in the reply filed to the writ petition have stated that petitioner No.1, namely, Hanumant Singh had earlier filed Civil Suit No.156 of 1998 in the Court of Civil Judge (Junior Division), Bhiwani titled as Hanumant Singh vs. State of Haryana and others, which was dismissed on 12.9.2003 (Annexure R-3). It has, therefore, been pleaded that the writ petition qua him deserves to be dismissed for non- disclosure of true and correct facts.
As regards the other petitioners, it has been stated that their representations for relaxation in the academic qualifications on the basis of the relaxation granted to Sh.O.P.Malhotra had already been considered by the Competent Authority and rejected, which orders have not been challenged by them.
C.W.P.No.18028 of 2010 -2-
In the light of the written statement filed in Court, counsel for the petitioners prays for withdrawal of the writ petition with liberty to challenge the orders rejecting their representations for relaxation in the educational qualifications. This request of the counsel for the petitioners is accepted qua petitioners No.2 to 9 and liberty is granted to these petitioners to challenge the rejection orders passed by the respondents, if permissible under law.
As regards the request of the counsel for the petitioners for withdrawal of the writ petition qua petitioner No.1, Hanumant Singh, the said prayer cannot be accepted as he had approached this Court with unclean hands and has not disclosed the true facts, especially when he had already filed a civil suit before the Civil Judge (Junior Division), Bhiwani for the same relief, as has been claimed by him in the present writ petition, which was dismissed on 28.2.1998. Writ petition qua him is dismissed with costs of ` 20,000/-, to be deposited with the Secretary, Legal Services Authority, Haryana, within a period of one month from today.
Copy of this order be sent to the Secretary, Legal Services Authority, Haryana. In case, petitioner No.1 fails to deposit the said amount within the time stipulated, the Secretary, Legal Services Authority, Haryana, is at liberty to move an appropriate application before this Court.
September 12, 2012 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE