CWP No.9734 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.9734 of 2009 (O&M) Date of Decision: 05.07.2011 **** Harbans Singh . . . . Petitioner VS. State of Punjab & Ors. . . . . 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. GS Pannu, Advocate for the petitioner Ms. Charu Tuli, Sr. DAG Punjab Mr. Navdeep Chhabra, Advocate for respondent No.4 ***** SURYA KANT J. (ORAL) (1). This writ petition seeks quashing of appointment of the 4th respondent as Education Volunteer in Village Prabhat Singh Wala (Hitar), Tehsil Jalalabad (West), District Ferozepur. The solitary contention raised on behalf of the petitioner is that respondent No.4 is not a resident of the above-stated village and is thus ineligible in terms of the criteria laid down under the Sarv Shiksha Abhiyan Scheme, Clause (i) whereof reads as follows:- CWP No.9734 of 2009.doc - 2 – (i) Education Volunteer should be resident of that particular village and if not, any candidate from the nearby village should be appointed. (2). On the other hand, the stand taken by the official respondents as well as respondent NO.4 is that on the relevant cut-off date, respondent No.4 was resident of Village Prabhat Singh Wala (Hitar), Tehsil Jalalabad (West), District Ferozepur and a residence certificate dated 27.06.2008 (Annexure R2) to this effect was issued in her favour by the Naib Tehsildar, Jalalabad. (3). The petitioner’s case, on the other hand, is that respondent No.4 has throughout been living and was permanent resident of District Muktsar. (4). Having heard learned counsel for the parties, I am of the considered view that eligibility of the candidates has to be seen and determined on the cut-off date prescribed uniformly for recruitment to the said post. The crucial issue will be as to whether or not respondent No.4 was a bona fide resident of Village Prabhat Singh Wala (Hitar), Tehsil Jalalabad (West), District Ferozepur on the cut-off date which is relevant to determine the eligibility of the candidates. (5). Since the contention raised on behalf of the parties is a pure question of fact, I deem it appropriate to dispose of CWP No.9734 of 2009.doc - 3 – this writ petition with a direction to the Deputy Commissioner, Ferozepur to hold a fact-finding enquiry as to whether respondent No.4 was a bona fide resident of Village Prabhat Singh Wala (Hitar), Tehsil Jalalabad (West), District Ferozepur on the cut-off date of eligibility prescribed for the post of Education Volunteer. The fact- finding enquiry shall be conducted by the Deputy Commissioner after associating the parties, within a period of three months from the date of receipt of a certified copy of this order. (6). Follow-up action will depend upon the findings in the said enquiry. (7). With these directions, the writ petition is disposed of. (8). Dasti . 05.07.2011 vishal shonkar (S u r y a K a n t) Judge