IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.488 of 2010 Date of Decision : March 04, 2010. Raman Kumar and another .....Petitioners versus District & Sessions Judge, Amritsar and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.V.K.Sandhir, Advocate, for the petitioners. -.- 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? --- ORDER Surya Kant, J. (Oral) The petitioners are aggrieved at the orders dated 17.9.2009 (Annexures P-18 & P-19) whereby after re-arranging the overall merit-list of the newly selected candidates for Class-IV posts, their services have been dispensed with and Harpinder Singh and Jagdish Singh (respondent Nos.3 & 4 respectively) have been ordered to be appointed in place of the petitioners. While passing the impugned order, learned District and Sessions Judge, Amritsar has observed as follows:- “Dharamvir Singh son of Sohan Singh and Raman Kumar son of Girdhari Lal, were also issued show C.W.P.No .488 of 2010 2 cause notices Nos.8536 and 8537 dated 2.9.2009 respectively, as a result of irregularity at the time of compilation of merit list in descending order, as their names got reflected at serial nos.3 & 4 respectively, in the merit list, got prepared by the Selection Committee. On detection of this mistake, as stated above, undersigned also got prepared amended merit list of scheduled caste category and now names of both these candidates fall at serial nos.5 & 6 respectively. In reply to their show cause notices, both these candidates, submitted that higher qualifications of Jagdish Singh and Harpinder Singh, should not be considered, basic rules and instructions of the Government regarding selection process, should not be ignored and they have secured higher marks in their eligibility qualification than the general category candidates. Since, in the amended merit list, names of Dharamvir Singh son of Sohan Singh and Raman Kumar son of Girdhari Lal, fall at serial No.5 & 6, respectively, and Harpinder Singh son of Balbir Singh and Jagdish Singh son of Balkar Singh, were having more marks than them whose names fall at serial nos.3 & 4 respectively, in the amended merit list in the case of Scheduled Caste category, both the later candidates are required to be appointed in place of the former candidates in the interest of fair play. Accordingly, appointment letter Nos.3212 dated 8.4.2009 of Dharamvir Singh son of Sohan Singh and 3213 dated 8.4.2009 of Raman Kumar son of Girdhari Lal, are ordered to be withdrawn and their services are ordered to be dispensed with, with immediate effect.” C.W.P.No .488 of 2010 3 In view of the fact that respondent Nos.3 & 4 have been found to be more meritorious in terms of the academic qualifications, no case to interfere with the impugned order by this Court in exercise of its writ jurisdiction, is made out. Dismissed. March 04, 2010 (SURYA KANT) Mohinder JUDGE