In the High Court of Punjab and Haryana at Chandigarh. CWP No. 8166 of 2007 Decided on April 01,2008 Rajesh Kumar -- Petitioner. vs. State of Punjab and others -- Respondents. CORAM: Hon'ble Mr.Justice Mehtab S.Gill Hon'ble Mr.Justice Rakesh Kumar Jain. Present: Mr.B.S.Jaswal,Advocate, for the petitioner Mr.P.C.Goyal, Senior D.A.G.Punjab. Rakesh Kumar Jain, J: The petitioner in this case is aggrieved against the action of the official respondents who have appointed 175 Science Teachers incorrectly showing seven candidates twice in the selection list along with one female candidate in the list of male general category. It is pleaded that if the aforesaid error is corrected, then eight more candidates below the last selected candidates can be accommodated. The petitioner has claimed that the last selected candidate was at merit of 135.94, CWP No. 8166 of 2007 -2- whereas he was having merit of 135.76 which was only four number below than the last selected candidate. On notice of motion, written statement has been filed jointly by respondent Nos. 1 and 3 and respondent No.2 separately. In para No.2 of the preliminary submissions of written statement filed by respondent No.2, it has been admitted as a fact that seven general male category candidates have been selected twice in the same merit list of General Category (Male) and one female General Category candidate has been selected in Male General Category instead of General Category (Female). It was also submitted that this error has occurred due to over-sight and Computer mistake and if discrepancy is removed then eight more candidate next below in the merit can also be accommodated. In view of the above admitted position and also the fact that similar matters on similar facts have already been decided by this Court while disposing of C.W.P.No. 16786 of 2007 (Varinder Pal Singh Sidhu v. State of Punjab and others) and C.W.P.No. 19118 of 2007 (Vikramjeet Singh v. State of Punjab and others) decided on February 06,2008, in which it has been held that it is not a case of waiting list but it is a case of error on the part of recruiting agency, where eligible candidates have been denied their legitimate right of being considered for appointment , this Court in the same circumstances has directed the respondents to consider the petitioners against those seven posts which will fall vacant having been filled twice erroneously and also if found meritorious, the petitioners be given appointment within a period of three months from CWP No. 8166 of 2007 -3- the date of receipt of certified copy of this order. In view of the above, this petition is also disposed of in the same terms as ordered in C.W.P.Nos.16786 of 2007 and C.W.P.No.19118 of 2007, decided on February 06,2008, without order as to costs. (Rakesh Kumar Jain) Judge April 01 ,2008 ( Mehtab S.Gill ) RR Judge In the High Court of Punjab and Haryana at Chandigarh. CWP No. 8166 of 2007 Decided on March ,2008 Rajesh Kumar -- Petitioner. vs. State of Punjab and others -- Respondents. CORAM: Hon'ble Mr.Justice Mehtab S.Gill Hon'ble Mr.Justice Rakesh Kumar Jain. Present: Mr. B.S.Jaswal,Advocate, for the petitioner Mr.K.S.Dadwal,Addl.A.G.Punjab. Rakesh Kumar Jain, J: The petitioner in this case is aggrieved against the action of the official respondents who have appointed 175 Science Teacher incorrectly showing seven candidates twice in the selection list along with one female candidate in the male general category. It is also pleaded that if the aforesaid error is corrected, then eight more candidates below the last selected candidates can also be accommodated. The petitioner has claimed that the last selected candidate was having merit of 135.94,whereas he was having merit of 135.76 and was only four number below from the last selected candidate. On notice of motion, written statement has been filed by respondent Nos. 1 and 3 and respondent No.2 separately. In para No.2 of preliminary submission of written statement filed by respondent No.2, sit has been admitted as a fact that seven general male category candidates have been selected twice in the same merit list of General Category (Male) and one female General Category candidate has been selected in Male General Category instead of General Category (Female). It was also submitted that this error has occurred due to over-sight and Computer mistake and if discrepancy is removed then eight more candidate next below in the merit can also be accommodated. In view of the above admitted position and also that similar matters on similar facts have already been decided by this Court while disposing of C.W.P.No. 16786 of 2007 (Varinder Pal Singh Sidhu v. State of Punjab and others) and C.W.P.No. 19118 of 2007 (Vikramjeet Singh v. State of Punjab and others) decided on February 06,2008, and it has been held that it is not a case of waiting list but it is a case of error on the part of recruiting agency, where eligible candidates have been denied their legitimate rights of being considered for appointment , this Court in the same circumstances has directed the respondents to consider the petitioners against those seven posts which will fall vacant having been filled twice erroneously and also if found meritorious, the petitioners be given appointment within a period of the months from the date of receipt of certified copy of this order. In view of the above, this petition is also disposed of in the above terms, without order as to costs. (Rakesh Kumar Jain) Judge March 28,2008 ( Mehtab S.Gill ) RR Judge