CWP No.4838 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.4838 of 2009 Date of Decision: 31.03.2010 **** Raj Kumar . . . . Petitioner VS. State of Punjab and others . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Dr. M.L. Sachdeva, Advocate for the petitioner Mr. B.S. Chahal, DAG, Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner belongs to the reserved category of Scheduled Caste (Ramdasia & Others). He applied for the post of Teaching Fellow in the Education Department, Government of Punjab. The petitioner, however, has not been given appointment though according to him he obtained 50.138% marks as against the last appointed candidate in his category who obtained only 36.034 % marks in the merit list. (2). Upon notice, the respondents have filed their counter- affidavit, inter alia, pointing out that the petitioner sent his application by way of Registered letter without appending any Demand Draft in favour of the State CWP No.4838 of 2009.doc - 2 – towards the requisite fee, his application form was, thus, rejected being incomplete. (3). The stand taken by the petitioner in the rejoinder is that he had submitted the application form along with a Demand Draft well in time and the same was duly received on 13.09.2008 by the Directorate. (4). Having heard learned counsel for the parties and keeping in view the fact that there is a serious dispute as to whether or not the application form was complete in all respects, this writ petition is disposed of which a direction to respondent No.2 to hold a fact finding enquiry within a period of two months from the date of receipt of a certified copy of this order to resolve the above-noticed disputed question of fact. Suffice it to say that if the authorities are satisfied that the petitioner had sent the application form complete in all respects, they shall consider his candidature in accordance with law and as per his merit. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 31.03.2010 vishal shonkar