HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.18250 of 2009 (O&M) Date of Decision: 13.09.2011 **** Baljit Pal Singh . . . . Petitioner VS. State of Punjab & Anr. . . . . 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: Mr. Kapil Kakkar, Advocate for the petitioner Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The petitioner seeks appointment as a Lecturer in Physical Education against the post reserved for physically- challenged persons. It is averred that the petitioner is the only candidate who applied for the post reserved for the said category. The petitioner also asserts that he is fully eligible and suitable for the advertised post. (2). The respondents have filed their short-reply/affidavit dated 05.08.2011 claiming that the writ petition is premature inter alia for the following reasons:- “That however, the Department of School Education Punjab has published another public notice dated 28.6.2011, for the purpose of scrutiny of documents, which was held w.e.f. from 6.7.2011 to 11.7.2011 for the various posts including the post of Lecturer in CWP No.18250 of 2011.doc - 2 – Physical Education, in the leading Newspaper “Rojana Ajit” to fill up the posts. Which remained vacant after the first phase of scrutiny of original documents. It is further submitted that the result of this counseling phase has not been finalized by the concerned Chairman of Departmental Selection Committee (Teaching). Therefore, the further action can be taken as per the report of concerned Chairperson of Department Selection Committee (Teaching) whenever it will receive. Hence, the claim of the petitioner is premature at this stage as the selection list in pursuance of subsequent notice dated 28.6.2011 has not received from the concerned Chairperson of the Departmental Selection Committee (Teaching).” (3). After going through the plea taken in the reply/affidavit as reproduced above, there appears to be no justification for the respondents in not taking the final decision. (4). The writ petition is accordingly disposed of with a direction to the respondent-authorities to take a decision regarding appointment of the petitioner as Lecturer in Physical Education within a period of two weeks from the date of receipt of a certified copy of this order. (5). Let a dasti copy of this order be handed over to Ms. Sudeepti Sharma, DAG Punjab for information and necessary compliance. She shall send a copy of this order to the Principal Secretary, Education Department, 2 CWP No.18250 of 2011.doc - 3 – Government of Punjab who shall be personally responsible for the compliance. (6). Ordered accordingly. Dasti. 13.09.2011 vishal shonkar (S u r y a K a n t) Judge 3