Punjab-Haryana High Court
Shri Krishan vs State Of Haryana & Others on 20 September, 2012
Author: Augustine George Masih
Bench: Augustine George Masih
CWP No. 4861 of 2012 -1-
IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
CWP No. 4861 of 2012
Date of Decision: 20.9.2012
Shri Krishan
.........Petitioner
Versus
State of Haryana & others
............ Respondents
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CORAM : HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH
Present:- Mr. S.K. Redhu, Advocate
for the petitioner.
Ms. Shruti Jain, AAG, Haryana
for respondents No. 1 to 4.
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AUGUSTINE GEORGE MASIH, J.(ORAL)
The petitioner has approached this Court praying for issuance of a writ of certiorari for quashing of the selection list dated 8.12.2003 (Annexure P-2) and the consequential orders. Prayer has also been made for issuance of a writ of mandamus for deputing the petitioner to undergo Lower School Course in the forthcoming next batch treating his eligibility of the year 2002 when the petitioner fulfilled the requisite eligibility for sending him to the Lower School Course.
It has been contended that the persons who were junior to the petitioner had been deputed to undergo the said course only on the ground that they had attained higher marks in the test under 35% quota category, which basis has been quashed by this Court in CWP No. 7952 of 2004 (Naresh Kumar vs. State of Haryana and others) decided on 5.11.2004.
He contends that the petitioner being senior had prior right for CWP No. 4861 of 2012 -2- being deputed to undergo the Lower School Course which was not done by the respondents and, therefore, the writ petition deserves to be allowed.
In the reply, which has been filed by the respondents, now an objection has been taken that the petitioner has become overage and, therefore, cannot be deputed to undergo the Lower School Course. This contention of the respondents cannot be accepted on the ground that the eligibility assessed in the year 2002 when the test was held i.e. on 20.1.2002, on the said date the petitioner fulfilled the requisite qualifications for being deputed to the Lower School Course. Keeping in view the judgments passed by this Court in Naresh Kumar's case (supra) as also in CWP No. 199965 of 2006 (Balraj Singh and others vs. State of Haryana and others) decided on 22.10.2008, the present writ petition stands allowed. Petitioner is directed to be deputed to undergo Lower School Course in the forthcoming next batch treating his eligibility of the year 2002 when the petitioner fulfilled the requisite eligibility for sending him to the Lower School Course. The petitioner shall be entitled to all consequential benefits except monetary benefits.
Sd/-
20.09.2012 (AUGUSTINE GEORGE MASIH) 'sp' JUDGE