CWP No.16747 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.16747 of 2011 (O&M) Date of Decision : 08.09.2011 Chandigarh Administration & others ... Petitioners versus Raminderjeet & others ... Respondents CORAM: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Kapil Kakkar, Advocate for the petitioners. **** 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the digest? M.M.Kumar, J. 1. The instant petition has been filed against the order dated 11.05.2011 (P-3) passed by Chandigarh Bench of Central Administrative Tribunal (for brevity “the Tribunal”). 2. The Tribunal has concluded that the marks of the screening test for the purpose of final adequate number of candidates were not to be included in the final merit. The aforesaid conclusion is based on para 5 of the advertisement (A-10) issued in the year 2007. There is no subsequent corrigendum which may show that the marks of the screening test were to be included. Therefore, we do not find error in the aforesaid conclusion given by the Tribunal. 3. However, learned counsel for the Chandigarh Administration has raised an additional issue, which was not pleaded before the Tribunal namely that between the original applicant and Ajay Kumar CWP No.16747 of 2011 (O&M) -2- and respondent- Ashok Yadav, who was pleaded later on, another candidate would also qualify on the basis of merit on account of the fact that no such argument was raised before the Tribunal, learned counsel for the petitioners seeks permission to withdraw the present petition with liberty to prevail any remedy available in accordance with law before the Tribunal. 4. In view of the above, present petition is dismissed as withdrawn with liberty to file review application before the Tribunal. Ordered accordingly. (M.M.Kumar) Judge September 08, 2011 (Gurdev Singh) sonia Judge