IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH LPA No. 1229 of 2011 Date of Decision: 16.11.2011. Karam Singh Saini S/o Sh. Satyapal --Appellant Versus The Director General of Police, Panchkula & others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA. Present:- Mr. Raman Sharma, Advocate for the appellant. *** PERMOD KOHLI.J (ORAL) This L.P.A arises out of judgement dated 14.7.2009 passed in CWP No. 18649 of 2007 and the judgement dated 29.3.2011 passed in R.A. No.111 of 2011 arising out of the aforementioned writ petition. The only relief claimed in the writ petition was right of appointment being at Sr. No.1 in the waiting list. It was inter alia pleaded that a large number of posts of Constables in Haryana Police were advertised including 450 posts from District Kurukshetra. Appellant belongs to B.C (B) category. As many as 37 posts in this category were advertised. Appellant was at Sr.No.37. 36 candidates were appointed and appellant was kept in waiting list. On that basis the appellant herein claims his appointment being the 37th candidate. Respondents raised a plea that only 36 vacancies were available, however, due to inadvertent error 37 posts were advertised. It is stated that since all the available 36 posts stood consumed, the waiting list could not be operated upon. On this premises learned Single Judge dismissed the claim of the appellant and a review LPA No. 1229 of 2011 -2- petition filed there against also resulted in rejection. During the course of hearing, learned counsel for the appellant has pointed out that three candidates belonging to other districts of Bhiwani and Ambala were appointed in District Kurukshetra, which is totally illegal. This plea was for the first time raised in the replication and there was no challenge to the appointment of these three candidates, who were allegedly appointed from other districts. These candidates are also not party before us. Faced with this position, learned counsel for the appellant seeks to withdraw the writ petition with liberty to file a fresh one challenging the selection/appointment of the candidates who were from other districts but appointed in district Kurukshetra. We feel that the prayer is absolutely genuine. In this view of the matter, the prayer of learned counsel for the appellant is allowed. Writ petition filed is dismissed as withdrawn with liberty to file a fresh one challenging the selection/appointment of such candidates who might have been appointed from other districts and the judgement impugned shall not be any impediment for this purpose. Present appeal is dismissed as having become infructuous. (PERMOD KOHLI) JUDGE (TEJINDER SINGH DHINDSA) JUDGE 16.11.2011. lucky