CIVIL WRIT PETITION NO.15340 OF 2010 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: AUGUST 10, 2011 Ashok Kumar .....Petitioner VERSUS State of Haryana and another ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. Naveen Daryal, Advocate, for the petitioner. Mr. Harish Rathee, Sr.DAG, Haryana, for the State. **** RANJIT SINGH, J. Haryana Staff Selection Commission, Panchkula, invited applications for various posts on 7.6.2008. The petitioner applied for appointment to the post of Multi Purpose Health Worker (Male). 235 posts were advertised, out of which 54 posts were reserved for E.S.M (General). The petitioner possessed the requisite qualification and, thus, claimed that he was entitled to the appointment. As per the petitioner, his category was changed to that of General without any show cause notice issued to him. On this basis, notice of motion was CIVIL WRIT PETITION NO.15340 OF 2010 :{ 2 }: issued and reply has been filed. This averment made by the petitioner in the writ petition has been found to be incorrect. The petitioner had applied in the category of E.S.M (General) against 54 posts reserved for this category. He was indeed considered in this category, as can be seen from the reply filed by the Commission. It has been categorically averred that the petitioner had participated in the selection process with Roll No.2015 in E.S.M (General) category and obtained 37.08 marks, against 40.50 marks obtained by the last selected candidate in the select list. The petitioner, thus, could not be selected due to lesser marks than the last selected candidate and so he can not make grade in the select list. As per the reply, all the 54 posts reserved for E.S.M (General) category have been filled. No averment is made by the petitioner that his marks were not properly given or his assessment suffers from some infirmity. Accordingly, the submissions made on these grounds can not be heard at this stage. It appears that the petitioner has got the notice issued by making misleading averments in the writ petition. The writ petition is accordingly dismissed with costs of `5000/- to be deposited in the accounts of Haryana Legal Services Authority. The Advocate General, Haryana, will ensure that the costs imposed are deposited. August 10, 2011 (RANJIT SINGH ) khurmi JUDGE