IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.7155 of 2010 Date of Decision : April 22, 2010. Ashwani Kumar .....Petitioner versus State of Punjab and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.D.R.Sharma, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers 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? --- Surya Kant, J. (Oral) This order shall dispose of Civil Writ Petition Nos.7155 and 7159 of 2010 as common questions of law and facts are involved in these cases. For brevity, the facts are being extracted from Civil Writ Petition No.7155 of 2010. The petitioner competed for recruitment to 481 posts of Clerks which were advertised by the Subordinate Services Selection Board, Punjab, in the years 1996-97. On the basis of the petitioner's performance in written test and interview, his name was not included in the selection list. Aggrieved, he filed a complaint before the Lok Pal, Punjab, in the year 2002. The complaint was enquired into and having found that the C.W.P.No .7155 of 2010 2 petitioner had secured higher marks in the written examination as compared to `other candidates' and that he was brought down with lesser marks in viva-voce, the learned Lok Pal, Punjab recommended the petitioner's appointment. The State Government has, however, expressed its inability to implement the recommendations of the learned Lok Pal, Punjab after observing that “the recommendations regarding appointments being beyond his purview seems not to be liable to be accepted.” Aggrieved, the petitioner has approached this Court. I have heard learned counsel for the petitioner at some length and perused the records. In my considered view, the State Government has rightly observed that the exercise undertaken by the learned Lok Pal, Punjab causing re-determination of the inter-se merit of the candidates who competed for selection before a recruiting agency, does not fall within the purview and ambit of the Act, creating the office of learned Lok Pal. In these circumstances, this Court cannot issue a mandamus to implement the recommendations made by the learned Lok Pal, Punjab. The writ petitions stand dismissed. This order shall, however, not preclude the petitioner to impugn the selection, if so otherwise permissible under the law. Dasti. April 22, 2010 (SURYA KANT) Mohinder JUDGE